CBO Over-all Chair: Evangeline Co; Criminal Law Committee

M E M O R Y A I D
CBO OVER-ALL CHAIRPERSON: Evangeline Co

ASSISTANT CHAIRPERSON: Rose Lyn Rabanera
ACADEMICS COMMITTEE - HEADS:
Reigel Prado, Omar Gabrieles
SECRETARIAT – HEAD: Romino Arzadon
FINANCE COMMITTEE – HEAD: Kyan Sioco
LOGISTICS COMMITTEE - HEAD: Janis Ruckenbrod
CRIMINAL LAW COMMITTEE
HEAD: Dianne Elizabeth Feeney
CO-HEAD: Ma. Ana Karina Medina
CRIMINAL LAW 1: Marissa Corazon Nefalar
CRIMINAL LAW 2: Mark Callejo
MEMBERS: Nathaniel Barrairo, Justice Anthony Foz,

Z-19 Javier, Angelica Diane Monteza
SUBJECT ADVISER:
Atty. Modesto Ticman Jr.

I n s t i t u t e o f L a w
C E N T R A L B A R O P E R A T I O N S 2 0 0 6
U n i t e d P u r s u i t o f E x c e l l e n c e
CBO OVER-ALL CHAIR: Evangeline Co; ASSISTANT CHAIR: Rose Lyn Rabanera; SECRETARIAT - HEAD: Romino Arzadon; ACADEMICS - HEADS:
Reigel Prado, Omar Gabrieles; FINANCE – HEAD: Kyan Sioco; LOGISTICS - HEAD: Janis Ruckenbrod
M E M O R Y A I D I N C R I M I N A L L A W
CRIMINAL LAW TITLE

1 Crimes against national security
→ that branch of substantive municipal law and the law of nations
which defines crimes, treats of their 2 Crimes against the fundamental
nature and provides for their law of the state
punishment. 3 Crimes against public order
4 Crimes against public interest
Limitations on the power of the 5 Crimes relative to Opium and
Congress to enact penal laws: other prohibited drugs (amended
by RA 9165 of DDA of 2002)
1. Penal laws must be general in 6 Crimes against public morals
application otherwise it would 7 Crimes committed by public
violate the equal protection clause officers
of the constitution (Section 1, Art 8 Crimes against persons
III 1987Constitution). 9 Crimes against personal liberty
2. Penal laws must not partake of the and security
nature of an “ex post facto law” 10 Crimes against property
(Section 22, Art III 1987 11 Crimes against chastity
Constitution). 12 Crimes against the civil status of
3. Penal laws must not partake of the persons
nature of a bill of attainder 13 Crimes against honor
(Section 22, Art III 1987 14 Quasi-offenses
Constitution).
4. Penal laws must no impose cruel Characteristics of criminal law.
and unusual punishment nor
excessive fines (Section 19, Art III 1. GENERAL. Criminal law is binding on all
Constitution). persons who live or sojourn in Philippine
territory (Art. 14, New Civil Code.)
Background of the development of 2. TERRITORIAL. Criminal laws undertake
Philippine criminal law. to punish crimes committed within the
Philippine territory.
The original penal code was the Spanish 3. PROSPECTIVE. A penal law cannot make
Codigo Penal which was effective from July an act punishable in a manner on which it
14, 1887 to December 31, 1931. was not punishable when committed.
Through DOJ Admin Order No. 94, a Who are exempted from the general
committee was organized to revise the application of criminal law?
Spanish Codigo Penal, taking into
consideration existing conditions, special 1. Those who are exempted by treaties or
penal laws and the rulings of the Supreme treaty stipulations.
Court. The committee was chaired by
Anacleto Diaz. 2. Those who are exempted by laws of
preferential application.
The Revised Penal Code (Act 3815) was 3. Those who are exempted by virtue of the
passed into law in December 8, 1930 and principles of public internal law:
became effective on January 1, 1932.
a. Sovereigns and other chiefs of state.
The present penal code is divided into 2 b. Ambassadors, ministers
books. Book 1 consists of the basic principles plenipotentiary, ministers resident,
of criminal liability and the provisions on and their charges d’affaires.
penalties, including criminal and civil
liability. Book 2 defines felonies with their
corresponding penalties, which are grouped If a consul of Country X commits a crime in
under 14 different titles: the Philippines, will he be exempt from
C R I M I N A L L A W
ADVISER: Atty. Modesto Ticman Jr.
CRIMINAL LAW –HEAD: Dianne Elizabeth Feeney; CO-HEAD: Ma. Ana Karina Medina;
MEMBERS: Nathaniel Barrairo, Mark Callejo , Justice Anthony Foz, Z-19 Javier, Angelica Diane Monteza, Marissa Corazon Nefalar
Page 4 of 97
criminal liability according to the * Title 1, Book 2 refers to Crimes against national
principles of public international law? security and the law of nations.
No, he is not exempted from criminal Note: The foregoing extra-territorial

liability. application of Philippine penal laws shall however
vow to treaties and laws of preferential application
Consuls, vice-consuls and other commercial which provide the contrary.
representatives of foreign nations do NOT
possess the status of, and cannot claim the Rules on jurisdiction over crime committed
privileges and immunities accorded to on board a foreign vessel.
ambassadors and ministers (Wheaton,
International Law). A foreign merchant ship is considered an
extension of the territory of the country to which it
Can civil courts exercise jurisdiction belongs. Thus, an offense committed on the high
over members of the Philippine Army seas on board a foreign merchant vessel is NOT
in times of war? triable by our courts (US v. Fowler, 1 Phil 614).
Yes. The civil courts have concurrent If the offense is committed within Philippine
jurisdiction with military courts of general waters on board a foreign merchant vessel,
courts-martial over soldiers of the Philippine Philippine courts acquire jurisdiction over it (US v.
Army, even in times of way, provided that, in Bull, 15 Phil 7).
the place of the commission of the crime no
hostilities are in progress and civil courts are There are, however, 2 rules as to jurisdiction over
functioning (Valdez v. Lucero, 76 Phil 356). crimes committed aboard merchant vessels while
in the territorial waters of a foreign country:
Do Philippine penal laws apply only
within the territory of the country? a. French Rule – such crimes are NOT
TRIABLE in the courts of that country
NO, Art 2 of the RPC states that its (where vessel is docked), unless their
provisions may be enforced outside the commission affects the peace and security
jurisdiction of the country against those who: of the territory or the safety of the state is
(Code: PFINE) endangered.
1. Should commit an offense while in a b. English Rule – such crimes are TRIABLE
Philippine ship or airship; in that country, unless they merely affect
things within the vessel or they refer to the
2. Should forge or counterfeit any coin
internal management thereof.
or currency note of the Philippines or
obligations and securities issue by the
The Philippines observes the English rule.
Government of the Philippines;
3. Should be liable for acts connected Warships, however, are reputed to be an extension
with the introduction into the of the territory of the country to which they belong
Philippines of obligations and and CANNOT be subjected to the laws of another
securities mentioned in the preceding state (US v. Fowler, 1 Phil 614).
number;
4. While being public officers or • A Philippine vessel or aircraft must be
employees, should commit and understood as that which is registered in the
offense in the exercise of their Philippine Bureau of Customs.
function;
• It is the registration of the vessel in accordance
5. Should commit any of the crimes with the laws of the Philippines, not the
against national security and the law citizenship of her owner, which makes it a
of nations, defined in Title 1 of Book 2 Philippine ship.
of the RPC*.
Page 5 of 97
When are penal laws given retroactive punished under

effect? the RPC.
Statutory offenses Acts punished
Generally, penal laws are applied under special
prospectively. The rule, however, admits of laws.
an exception whenever the new statute
dealing with the crime establishes conditions Elements of felonies (APP)
more lenient or favorable to the accused, it
can be given retroactive effect. 1. That there must be an act or omission;
2. That the act or omission must be
But this exception has NO APPLICATION punishable by the RPC; and
where: 3. That the act is performed or the omission
1. the new law is expressly made incurred by means of dolo or culpa.
inapplicable to pending actions or
existing causes of actions Distinguish crimes committed by dolo from
2. the offender is a habitual criminal those committed by culpa.
under Rule 5, Art 62 RPC
In intentional felonies (dolo), the act or
omission of the offender is malicious or is
Effects of repeal of penal law: performed with deliberate intent. The offender
has the intention to cause injury to another.
1. If the repeal makes the penalty lighter in
the new law, the new law shall be applied In culpable felonies (culpa), the act or
omission of the offender is not malicious. The
EXCEPT: When the offender is a injury caused by the offender to another person is
habitual delinquent or when the new law unintentional, it being simply the incident of
is made not applicable to pending actions another act performed without malice (Ppl v Sara,
or existing causes of action. 55 Phil 939).
2. If the new law imposes a heavier Requisites of dolo or malice (Code: FII)
penalty, the law in force at the time of
the commission of the offense shall be 1. Freedom
applied. 2. Intelligence
3. Intent while doing the act or omitting to do
3. If the new law totally repeals the the act.
existing law so that the act which was
penalized under the old law is no longer Requisites of culpa (Code: FIN)
punishable, the crime is obliterated.
(People v. Tamayo, 61 Phil 225). 1. Freedom
2. Intelligence
3. The offender must be imprudent, negligent
ART. 3 - FELONIES or lacks foresight or skill while doing or
omitting to do the act
Distinguish Crimes from Felonies,
Offense and Infractions • Criminal intent is presumed to exist from the
commission of an unlawful act (Ppl v. Sia Teb
Crime An act committed Ban, 54 Phil 52).
or omitted in
violation of a law • To constitute a crime, the act must be, except
forbidding or in certain crimes made by such statute,
commanding it. accompanied by criminal intent or by such
A generic word negligence or indifference to duty or to
for a violation of consequences, as in law, is equivalent to
a law. criminal intent. (US v. Catolico, 18 Phil 507)
Felonies Acts or omissions
Page 6 of 97
Mistake of fact prohibited act be

voluntarily done.
a misapprehension of fact/s on the part As to the Good faith or Good faith is not a
of the person who caused injury to defense lack of defense.
another. He is not criminally liable of good criminal Mitigating
because he did not act with criminal faith intent is a circumstances (or
intent. defense even aggravating
unless the circumstances)
Requisites (Code: WIM): crime results are not taken into
from culpa. account.
1. the act done would have been lawful As to The degree The act gives rise
had the facts been as the accused degree of to a crime only
believed them to be. of accomplishm when it is
2. the intention of the accused in accompl ent is consummated.
performing the act must be lawful ishment
considered.
3. the mistake must be without fault or The crime
carelessness on the part of the may be
accused consummate
d, frustrated
In mistake of fact, the act done by the or
accused would have constituted either: attempted.
As to The degree The degree of
a. a justifying circumstance under Art 11 degree of participation is
b. an absolutory cause (e.g. Art 247 Par of participation not considered.
22– Physical injuries inflicted in partici- of the
exceptional circumstances) pation
offender is
c. an involuntary act of the
offender considered.
The offender
Is intent or malice also required in may be
crimes punished by special penal classified as
laws? a principal,
an
When the crime is punished by a special law, accomplice
as a rule, intent to commit the crime is NOT or an
necessary. It is sufficient that the offender accessory.
has the intent to perpetrate the act
prohibited by the special law, i.e., he did the The Anti-Plunder Act (R.A. 7080, as
prohibited act freely and consciously. amended) is a malum in se.
Although the crime of plunder is punished by a

Distinguish Mala in Se from Mala special law, it is considered a malum in se.
Prohibita
In Estrada vs. Sandiganbayan, G.R. 148560,
19 November 2001, it was held that “the legislative
Mala in Se
Mala Prohibita declaration in R.A. No. 7659 that plunder is a
As to The offense
The offense is heinous offense implies that it is a malum in se.
inherent is wrongful
wrong merely For when the acts punished are inherently
nature from their
because it is immoral or inherently wrong, they are mala in se
of the nature. prohibited by
offense
and it does not matter that such acts are punished
statute. in a special law, especially since in the case of
Mala in Se Mala Prohibita plunder the predicate crimes are mainly mala in
As to Criminal Intent is not se.”
require- intent is considered. The
ment of required only requirement
criminal is that the
intent
Page 7 of 97
Distinguish intent from motive.

For such liability to exist, two requisites are
Intent is the purpose to use a particular necessary, namely:
means to effect such result.
1. that an intentional felony be committed
Motive is the moving power which impels 2. that the wrong done to the aggrieved party
one to action for a definite result. be the direct, natural and logical
consequence of the felony committed by
When is motive essential? (Code: IDS- the offender (US v. Mallari, 29 Phil 14;
AIDS) People v. Salinas, CA 62 OG 3186
1. when the identity of the assailant is in Proximate cause

question
2. to determine the voluntariness of the that cause, which, in the natural and
criminal act or the sanity of the continuous sequence, unbroken by any
accused efficient intervening cause, produces the
3. to determine from which side the injury, and without which the result would not
unlawful aggression commenced, as have occurred. (Bataclan v. Medina, 102 Phil
when self-defense is invoked; 181)
4. to determine whether a shooting was
intentional or accidental; BUT the felony committed is NOT the proximate
5. where the accused contends that he cause of the resulting injury when:
acted in defense of a stranger;
6. to determine the specific nature of a 1. there is an active force that intervened
crime; between the felony committed and the
7. when there is doubt as to the identity resulting injury, and such is a distinct act
of the assailant. or fact absolutely foreign from the
felonious act of the accused;
BUT proof of motive alone is not sufficient to 2. the resulting injury is due to the
support a conviction if there is no reliable intentional act of the victim.
evidence from which it may be reasonably
deduced that the accused was the malefactor. What are the causes which may produce a
(Ppl v. Macatangay, 107 Phil 188). result different from that which he
intended?
ART. 4. CRIMINAL LIABILITY 1. Error in personae – mistake in the identity

of the victim.
2. Aberratio ictus – mistake in the blow.
One who commits an intentional felony is 3. Praeter intentionem – the injurious result
responsible for all the consequences which is different from that intended.
may naturally and logically result therefrom,
whether foreseen or intended or not (Art 4). Requisites of an Impossible Crime (PINE)
A planned to kill B, but kills C instead. 1. That the act performed would be an
A says he has no intention to kill C and offense against persons or property.(P)
should, therefore, not be held 2. That the act was done with evil intent.(E)
criminally liable for C’s death. Is he 3. That its accomplishment is inherently
correct? impossible, or that the means employed is
either inadequate or ineffectual.(I)
NO, A is criminally liable for killing C 4. That the act performed should not
despite his lack of intention to do so. The constitute a violation of another provision
accepted rule is that an offender is always of the RPC.(N)
liable for the consequences of his criminal
act even though the result is different from ART. 6 CONSUMMATED, FRUSTRATED
what he intended. AND ATTEMPTED FELONIES
Page 8 of 97
4. The non-performance of all acts of

The 2 stages in the development of a execution was due to cause or accident
crime are: other than his spontaneous desistance.
1. Internal Acts – are mere ideas in the
mind of the person and are not What does the term “overt act” refer to?
punished, even if, had they been
carried out, they would constitute a An overt act is some physical activity or deed,
crime indicating the intention to commit a particular
crime, more than mere planning or preparation,
2. External Act – which covers which if carried to its complete termination,
a. Preparatory acts – are following its natural course, without being
ordinarily not punishable but frustrated neither by external obstacles nor by the
preparatory acts which are voluntary desistance of the perpetrator, will
considered in themselves, by logically and necessarily ripen into a concrete
law, as independent crimes offense.
are punishable (Ex: Art 304
Possession of picklocks) The overt acts leading to the commission of the
offense are not punishable except when they are
b. Acts of execution aimed directly at its execution, and therefore, they
must have and immediate and necessary
Stages of acts of execution: relation to the offense. (Viada)
1. Attempted – There is an attempt If A induced B to kill C but B refused to do

when the offender commences the it, will A be held liable for attempted
commission of a felony directly by homicide as principal by inducement?
overt acts, and does not perform all
acts of execution which should NO, A cannot be held liable for attempted
produce the felony by reason of some homicide because, although there was an attempt
cause or accident other than his own on the part of A, such attempt was not done
spontaneous desistance. (Par 3, Art directly with physical activity. The inducement
6) made by A to B is in the nature of a proposal, not
2. Frustrated – It is frustrated when the ordinarily punishable by law. (Art. 8 RPC)
offender performs all the acts of
execution which would produce the Only offenders who personally execute the
felony as a consequence but which, commission of a crime can be guilty of attempted
nevertheless, do not produce it by felony. The offender must commence the
reason of causes independent of the commission of the felony by taking a direct part in
will of the perpetrator. (Par 2, Art 6) the execution of the act.
3. Consummated – A felony is
consummated when all the elements
necessary for its execution and A planned to kill B. A loaded his gun and
accomplishment are present. (Par 1 proceeded to B’s house. Once there, he
Art 6) aimed the gun at B but the latter pleaded
for his life. A took pity and left without
Elements of ATTEMPTED FELONY harming B. Will A be liable for attempted
(Code: CAND) homicide?
1. The offender commences the NO, A is not liable for any crime. If the actor does
commission of the felony directly by not perform all acts of execution by reason of his
overt acts. own spontaneous desistance, there is no attempted
2. He does not perform all the acts of felony. The law does NOT PUNISH him.
execution which should produce the
felony. One who takes part in planning a criminal act but
3. The offender’s act is not stopped by desists in its actual commencement is exempt
his own spontaneous desistance. from criminal liability. For after taking part in the
Page 9 of 97
planning, he could have desisted from taking by overt acts and which would
part in the actual commission of the crime by does not produce the
listening to the call of his conscience. (Ppl v. perform all acts felony as a
Villacorte, 55 SCRA 640) of execution. consequence.
As to the There is an There is no
factor intervention and intervention of
BUT the desistance which exempts from
interfering the offender a foreign or
criminal liability had reference to a crime or prevent does not arrive extraneous
intended to be committed, and has no the at the point of cause or agency
reference to the crime actually committed by consumma performing all between the
the offender before his desistance. tion of the the acts which beginning of
felony should produce the
Thus, although A is not responsible for the crime. He is consummation
attempted homicide, he is liable for grave stopped short of of the crime
threat which was already committed when he that point by and the
desisted. some cause moment when
apart from his all the acts
own voluntary have been
Elements of frustrated felony (Code: desistance. performed
OWN-C) which should
result in the
1. The offender performs all the acts of consummated
execution; crime.
2. All the acts performed would produce
the felony as a consequence. What are the factors to consider in
3. But the felony is not produced; determining whether the felony is
4. By reason of causes independent of attempted, frustrated or consummated?
the will of the perpetrator. (MEN)
• In frustrated felony, the offender must 1. Nature of the offense;

perform all acts of execution. Nothing 2. The elements constituting the felony;
more is left to be done by the offender 3. The manner of committing the same.
because he has performed the last act
necessary to produce the crime. Rules on spontaneous desistance as an
absolutory cause.
• In crimes against persons, as homicide,
which requires the victim’s death to • The desistance must have been made
consummate the felony, it is necessary before the offender has performed all the
for the frustration of the same that a acts of execution which should produce the
mortal wound be inflicted, because then felony.
the wound could produce the felony as a
consequence. • The desistance may be through fear or
remorse. It is not necessary that it be
Distinguish Attempted Felony from actuated by a good motive. What is only
Frustrated Felony. required is that the discontinuance of the
crime comes from the person who has
begun it, and that he stops of his own free
Attempted Frustrated will.
Felony Felony
As to Offender has Offender has • The desistance which exempts one from
Accomplish NOT NOT criminal liability has reference to the crime
ment of accomplished accomplished
criminal his criminal his criminal
intended to be committed, and has no
purpose purpose purpose reference to the crime actually committed
As to Offender merely Offender has by the offender before his desistance.
performing commences the performed all What are the kinds of desistance
acts of commission of a the acts of recognized by law under Art.6 of the RPC?
execution felony directly execution
Page 10 of 97
Legal desistance – the desistance referred Light felonies are those infractions of law for the
to in law which would obviate criminal commission of which the penalty of arresto menor
liability unless the overt or preparatory act or a fine not exceeding 200 pesos, or both, is
already committed in themselves constitute a provided. (Art 9, par 3)
felony other that what the actor intended.
When are light felonies punishable?
Factual desistance – actual desistance of
the actor which is made after the attempted The general rule is that light felonies are
stage of the crime; the actor is still liable for punishable only when they have been
the attempt. consummated, with the exception of those
What crimes do not admit of committed against persons or property. (Art. 7)
frustrated stage?
They are those which, by the definition of ART. 8 CONSPIRACY AND PROPOSAL TO
a frustrated felony, the offender cannot COMMIT FELONY
possibly perform all the acts of execution to
bring the desired result without Is conspiracy or proposal to commit a
consummating the offense. felony punishable?
1. Rape, since the gravamen of the The general rule is that conspiracy or proposal to
offense is carnal knowledge, hence, commit a felony is not a crime except when the law
no matter how slight the penetration, specifically provides a penalty therefore, as in
the felony is consummated. If the treason, rebellion, coup d’etat and sedition. (Art 8)
male organ failed to touch the
pudenda, by some causes or accident The reason for this is that conspiracy and proposal
other than his spontaneous to commit are only preparatory acts.
desistance, the felony is merely
attempted. If he desisted An agreement to commit a crime is a reprehensible
spontaneously, he is not liable for act from the viewpoint of morality, but as long as
attempted rape, but for some other the conspirators do not perform over acts in
crime such as acts of lasciviousness. furtherance of their malevolent design, the
sovereignty of the State is not outraged and the
2. Arson, because this is punished as to tranquility of the public remains undisturbed.
its result, hence, the moment burning However, when in resolute execution of a common
of the property occurs, even if slight, scheme, a felony is committed by two or more
the offense is consummated. malefactors; the existence of a conspiracy assumes
3. Corruption of public officers, a pivotal importance in the determination of the
because the offense requires the liability of the perpetrators. (Ppl v. Peralta, 25
concurrence of the will of both SCRA 759)
parties, such as that when the offer is
accepted, the offense is
consummated. But when the offer is Requisites of conspiracy (Code: TAE)
rejected, the offense is merely
attempted. 1. That two or more persons came to an
agreement;
4. Adultery because the essence of the 2. That the agreement pertains to the
crime is sexual congress. commission of a felony; and
5. Physical injury since it cannot be 3. That the execution of the felony be decided
determined whether the injury will be upon.
slight, less serious, or serious unless What are the two aspects of conspiracy?
and until consummated.
1. a felony itself, that is, a separate punishable
offense (e.g. treason, rebellion, sedition)
ART. 7 LIGHT FELONIES
Page 11 of 97
• When conspiracy is itself a crime, no An implied conspiracy is one which is only

overt act is necessary to bring about inferred or deduced from the manner the
the criminal liability. participants in the commission of crime is carried
out its execution. Where the offenders acted in
• If the conspiracy relates to any of the concert in the commission of the crime, meaning
crime of treason, rebellion and that their acts are coordinated or synchronized in a
sedition, but any of them is actually way indicative that they are pursuing a common
committed, the conspiracy is NOT a criminal objective, they shall be deemed to be
separate offense; it is only a manner acting in conspiracy and their criminal liability
of incurring criminal liability, that is, shall be collective, not individual. all of them shall be
all the conspirators who carried out deemed PRINCIPAL
their plan and personally took part in What are its legal effects?
its execution are equally liable. The
conspiracy is absorbed in the crime 1. Not all those who are present at the scene
actually committed. of the crime will be considered
2. a manner of incurring criminal liability conspirators.
• When conspiracy is only a basis of 2. Only those who participated by criminal
incurring criminal liability, there acts in the commission of the crimes,
must be an overt act before the co- including those who have provided will be
conspirators become criminally considered as co-conspirators. This would
liable. include those who cooperated in the
• When the conspiracy relates to a commission of the offense, either morally,
crime actually committed, it is not a through advice, encouragement or
felony but only a manner of agreement or materially through external
incurring criminal liability, that is, acts indicating a manifest intent of
when there is conspiracy, the act of supplying aid in the perpetration of the
one is the act of all. This principle crime in an efficacious way.
applies only to the crime agreed
upon. 3. Mere acquiescence to or approval of the
commission of the crime, without any act
• EXCEPT in acts constituting a single of criminal participation, shall not render
indivisible offense, even though the one criminally liable as co-conspirator.
co-conspirator performed different
acts bringing about the composite Requisites of proposal to commit felony
crime, all will be liable for such crime.
They can only evade responsibility for 1. That a person has decided to commit a
any other crime outside of that agreed felony; and
upon if it is proved that the particular 2. That he proposes its execution to some
conspirator had tried to prevent the other person or persons.
commission of such other act.
There is no criminal proposal when -
What must be established in order that
it may be said that conspiracy among a. the person who proposes is not determined
the offenders existed for it to affect to commit the felony
their criminal liability? b. there is no decided, concrete and formal
proposal
It is fundamental for conspiracy to exist that c. it is not the execution of the felony that is
there must be unity of purpose and unity in proposed.
the execution of the unlawful objective. If A proposes to B that they overthrow the
government and presents his plans to the
What is an Implied latter but B refuses to participate, will A
Conspiracy/Doctrine of Implied still be liable for proposal to commit
Conspiracy? rebellion?
Page 12 of 97
What constitutes the felony of proposal to • Slap on the face is considered as unlawful
commit treason or rebellion is the making of aggression directed against the honor of the
proposal. The law does not require that the actor.
proposal be accepted by the person to whom
it was made. If it is accepted, it may be • Defense of property rights can now be
conspiracy to commit treason or rebellion, considered as self-defense if there is an attack
because there would be an agreement and upon the property or right thereto even it is not
decision to commit it. coupled with an attack upon the person
defending that right. (Ppl v. Narvaez, 121
SCRA 389)
ART.11. JUSTIFYING
CIRCUMSTANCES What constitutes unlawful aggression
sufficient to justify as self-defense?
Justifying circumstances are those where the
act of a person is said to be in accordance Unlawful aggression is equivalent to assault or at
with law, so that such person is deemed not least threatened assault of an immediate and
to have transgressed the law and is free imminent kind. (Ppl v. Alconga, 78 Phil 366)
from both from criminal and civil liability, Unlawful aggression presupposes an actual,
except in par. 4 of art. 11, where the civil sudden and unexpected attack, or imminent
liability is borne by the persons benefited by danger thereof, and not merely a threatening or
the act. intimidating attitude. (Ppl v. Pasco, 137 SCRA 137)
Who has the burden of proof when Art The person defending himself must have been
11 is invoked? attacked with actual physical force or with actual
use of weapon.
The circumstances mentioned in Art 11 are
matters of defense and it is incumbent upon The insulting words addressed to the accused, no
the accused, in order to avoid criminal matter how objectionable they may have been,
liability, to prove the justifying circumstance without physical assault, could not constitute
claimed by him to the satisfaction of the unlawful aggression. (US v. Carrero, 9 Phil 544)
court.
Is retaliation similar to self-defense?
PAR. 1 - SELF-DEFENSE
Retaliation is different from an act of self-defense.
Requisites of self-defense (URL) In retaliation, the aggression was begun by the
injured party already ceased to exist when the
1. Unlawful aggression; accused attacked him. In self-defense, the
2. Reasonable necessity of the means aggression was existing when the aggressor was
employed to prevent or repel it; and injured or disabled by the person making a
3. Lack of sufficient provocation on the defense.
part of the person defending himself. In order to justify homicide on the ground of self-
defense, it is essential that the killing of the
• The presence of unlawful aggression is a deceased by the defendant be simultaneous with
condition sine qua non. (Ppl v. Sazon, the attack made by the deceased, or at least both
189 SCRA 700) acts succeeded each other without appreciable
interval. (US v. Ferrer)
What are the rights included in self-
defense? What does the second requirement of self-
Self-defense includes not only the defense of defense mean?
the person or body of the one assaulted but
also that of his rights, that is, the rights the 1. there be a necessity of the course of action
enjoyment of which is protected by law. It taken by the person making the defense,
also includes the right to honor. and
2. there must be a necessity of the means
used.
Page 13 of 97
Requisites of defense of relatives (Code:

• The reasonableness of either or both such URO)
necessity depends on the existence of
unlawful aggression and upon the nature 1. Unlawful aggression;
and extent of the aggression. 2. Reasonable necessity of the means
• In determining the existence of unlawful employed to prevent or repel it, and
aggression that induced a person to take 3. In case the provocation was given by the
a course of action, the place and occasion person attacked, the one making a defense
of the assault and other circumstances had no part therein.
must be considered.
• The existence of unlawful aggression can be
What is the test of reasonableness of made to depend upon the honest belief of one
the means used? (Code: NAPP) making a defense. (US v. Esmedia, 17 Phil 260)
1. nature and quality of the weapon

used by the aggressor; PAR. 3 - DEFENSE OF STRANGER
2. the aggressor’s physical condition,
character, size and other Who are deemed strangers?
circumstances; Any person no included in the enumeration of
3. those of the person defending relatives mentioned in par.2 of this article, is
himself; and considered stranger for the purpose of par.3.
4. place and occasion of the assault.
Requisites of defense of stranger (Code:
• The means employed by the person URN)
making a defense must be rationally
necessary to prevent or repel an unlawful 1. Unlawful aggression;
aggression. 2. Reasonable necessity of the means
employed to prevent or repel it; and
When is there sufficient provocation? 3. The person defending is not induced by
revenge, resentment, or other evil motive.
The provocation must be sufficient, which
means that it should be proportionate to the
act of aggression and adequate to stir the PAR. 4 - AVOIDANCE OF GREATER EVIL
aggressor to its commission. (Ppl v. Alconga, OR INJURY
78 Phil 366)
Requisites:
It is not enough that the provocative act be
unreasonable or annoying. A petty question 1. The evil sought to be avoided actually
of pride does not justify the wounding or exists
killing of an opponent. (Ppl v. Dolfo, CA 46 2. The injury feared is greater than that done
OG 1621) to avoid it.
PAR. 2 - DEFENSE OF RELATIVES • The evil must actually exist. If the evil sought
to be avoided is merely expected or anticipated
Relatives that may be defended. or may happen in the future, Art 11 Par 4 does
not apply.
1. spouse
2. ascendants • The greater evil should not be brought about
3. descendants by the negligence or imprudence of or violation
4. legitimate, natural or adopted of law by, the actor.
brothers and sisters, or relatives by Is the offender civilly liable under Art. 11,
affinity in the same degrees paragraph 4?
5. relatives by consanguinity within the
fourth civil degree Although as a rule, there is no civil liability in
justifying circumstances, it is only in Par 4 of Art
Page 14 of 97
11 where there is civil liability, but the civil on the absence of negligence on the part of the
liability is borne by the person benefited. accused.
(Art 101, RPC)
Who has the burden of proof when Art 12 is
PAR. 5 - FULFILLMENT OF DUTY OR invoked?
LAWFUL EXERCISE OF RIGHT OR
CHOICE Any of the circumstances mentioned in Art 12 is a
matter of defense and the same must be proved by
Requisites: (Code: PI) the defendant to the satisfaction of the court.
1. That the accused acted in the What is the basis for the exemption from
performance of a duty or in the lawful criminal liability in Art 12?
exercise of a right or office;
2. That the injury caused or the offense The exemption from punishment is based on the
committed by the necessary complete absence of intelligence, freedom of
consequence of the due performance action, or intent, or on the absence of negligence
of duty or the lawful exercise of such on the part of the accused.
right or office.
Distinguish Justifying circumstance from
PAR. 6 - OBEDIENCE TO AN ORDER Exempting circumstance
ISSUED FOR SOME LAWFUL
PURPOSE JUSTIFYING EXEMPTING
CIRCUMSTANCE CIRCUMSTANCE
Requisites: (Code: ILU) It affects the act not It affects the actor not
the actor. the act.
1. That an order has been issued by a The act is considered
superior. to have been done
2. That such order must be for some The act complained of is
within the bounds of
lawful purpose. actually wrongful, but
law; hence legitimate
3. That the means used by the the actor is not liable.
and lawful in the eyes
subordinate to carry out said order is of the law.
lawful. Since the act
complained of is
• Both the person who gives the order and Since the act is actually wrong, there is
the person who executes it must be acting considered lawful, a crime the actor acted
within the limitations prescribed by law. there is no crime. without voluntariness,
(Ppl v. Wilson and Dolores, 52 Phil 919) there is no dolo or
culpa.
Since there is no crime Since there is a crime
ART. 12 EXEMPTING or criminal, there is no committed though there
CIRCUMSTANCES criminal liability nor is no criminal, there is
civil liability. civil liability.
Exempting circumstances (non-imputability)
are those grounds for exemption from PAR. 1 - IMBECILITY OR INSANITY
punishment because there is wanting in the
agent of the crime any of the conditions Is insanity an exempting circumstance in
which make the act voluntary or negligent. all cases? What about imbecility?
• In exempting circumstances, the crime is
committed but no criminal liability NO, an insane person is not so exempt if it can be
arises. shown that he acted during a lucid interval. On the
other hand, an imbecile person is exempt in all
Basis: The exemption from punishment is cases from criminal liability. (Art 12, Par 1)
based on the complete absence of
intelligence, freedom of action, or intent, or
Page 15 of 97
When a person becomes insane after

the commission of a crime, is he still 1. the manner the crime was committed, or
exempt from criminal liability? 2. the conduct of the offender after its
commission.
NO, when a person was sane at the time of
the commission of the crime but he becomes If the child acts with discernment, he is NOT
insane at the time of the trial, he is liable exempt from criminal liability.
criminally. The trial, however, will be
suspended until the mental capacity of the It is presumed that a minor under 15 acts without
accused is restored to afford him a fair trial. discernment. It is incumbent upon the prosecution
to prove that such minor, over 9 and under 15
Insanity, to be exempting, must exist at the years of age, acted with discernment.
time of the commission of the felony.
Four Periods of criminal responsibility:
Tests of insanity
Absolute 9 years and
a. test of COGNITION – complete irresponsibility below
deprivation of intelligence in Conditional
committing the crime. Between 9 and 15
responsibility (w/n he
b. test of VOLITON – total deprivation years
acted with discernment)
of freedom of will 18 or over to 70
Full responsibility
years
PAR. 2 - PERSON UNDER NINE Over 9 and under
YEARS OF AGE 15
Mitigated responsibility 15 or over or less
If A is exactly 9 years old at the time he than 18
committed a felony, is he still liable? over 70 years
NO, he is not liable. A may invoke his

minority as an exempting circumstance. The PAR. 4 - A PERSON WHO, WHILE
phrase “under 9 years” should be construed PERFORMING A LAWFUL ACT WITH DUE
as “nine years or less”. CARE, CAUSES INJURY BY MERE
ACCIDENT WITHOUT FAULT OR
Why are children nine and under INTENTION OF CAUSING IT.
exempt from criminal liability?
An infant under the age of nine years is Elements: (Code: LDIW, or WILD)
presumed to be incapable of committing a
crime; this presumption is absolute which 1. a person is performing a lawful act;
cannot be overcome by any evidence. 2. with due care;
3. he causes injury to another by mere
Minors under nine years of age and below accident; and
are not capable of performing a criminal act. 4. without fault or intention of causing it.
(Guevarra v. Almodovar, 169 SCRA 476)
What is an accident?
PAR. 3 - PERSON OVER NINE YEARS
OF AGE AND UNDER FIFTEEN, An accident is something that happens outside
ACTING WITHOUT DISCERNMENT the sway of our will, and although it comes about
through some act of our will, lies beyond the
What is meant by discernment? bounds of humanly foreseeable consequences.
Discernment means the mental capacity of a (Albert)
minor to fully appreciate the consequences of An accident presupposes lack of intention to
his unlawful act. commit the wrong done.
Discernment may be shown by:
Page 16 of 97
It contemplates a situation where a person is 2. That it promises an evil of such gravity and
in the act of doing something legal, imminence that the ordinary man would
exercising die care, diligence and prudence have succumbed to it.
but in the process, produces harm or injury
to someone or something not in the least in Requisites:(Code: EIG)
the mind of the actor – an accidental result
flowing out of a legal act. (Ppl v. Gatela, 17 1. existence of an uncontrollable fear;
CAR [2s] 1047) 2. the fear must be real and imminent; and
3. the fear of an injury is greater than or at
PAR. 5 - A PERSON WHO ACTS least equal to that committed (Ppl v.
UNDER THE COMPULSION OF AN Petenia, 143 SCRA 361)
IRRESISTIBLE FORCE
• A threat of future injury is not enough. The
Elements: (Code: PIT) compulsion must be of such character as to
leave no opportunity to the accused for escape
1. That the compulsion is by means of or self-defense in equal combat.
physical force.
2. That the physical force must be • Duress as a valid defense should be based on
irresistible. real, imminent, or reasonable fear for one’s
3. That the physical force must come life or limb and should not be speculative,
from a third person. fanciful or remote fear.
What does the term “irresistible force” • Duress is unavailing where the accused had
contemplate? every opportunity to run away if he had wanted
to or to resist any possible aggression because
The irresistible force can never consist in an was also armed.
impulse or passion or obfuscation. It must
consist of an extraneous force coming from Distinguish irresistible force from
a third person. uncontrollable fear.
The force must be irresistible to reduce the Uncontrollable
actor to a mere instrument who acts not only Irresistible Force
Fear
without will but against his will. The duress, Offender uses violence or Offender employs
force, fear or intimidation must be present, physical force to compel intimidation or
imminent and impending and of such nature another person to commit threat in compelling
as to induce a well-grounded apprehension a crime. another to commit a
of death or serious bodily harm if the act is crime.
not done. A threat of future injury is not
enough. The compulsion must be of such a PAR. 7 - A PERSON WHO FAILS TO
character as to leave no opportunity to the PERFORM AN ACT REQUIRED BY LAW,
accused for escape or self-defense in equal WHEN PREVENTED BY SOME LAWFUL
combat. (Ppl v. Loreno, 130 SCRA 311) OR INSUPERABLE CAUSE.
PAR. 6 - A PERSON WHO ACTS Elements :( Code: AFL)
UNDER THE IMPULSE OF
UNCONTROLLABLE FEAR OF AN 1. That an act is required by law to be done;
EQUAL OR GREATER INJURY 2. That a person fails to perform such act;
3. That his failure to perform such act was
Elements :( Code: GE) due to some lawful or insuperable cause.
1. That the threat which causes the fear
is of an evil greater than or at least What are absolutory causes?
equal to that which he is required to
commit.
Page 17 of 97
Absolutory causes are those where the act mitigating circumstances, if Art. 69, for
committed is a crime but for reasons of instance, is not applicable.
public policy and sentiment there is no
penalty imposed. 2. Privileged mitigating
– see Arts. 68, 69 and 64 of the RPC.
Distinguish instigation from
entrapment. Distinguish between ordinary mitigating
and privileged mitigating circumstance.
ENTRAPMENT INSTIGATION
The criminal design The idea and design Ordinary Privileged
originates from and to bring about the Mitigating Mitigating
is already in the commission of the Circumstance Circumstance
mind of the crime originated As to the It can be offset It can be never
lawbreaker even and developed in nature of the by an be offset by any
consequence
before the the mind of the law aggravating aggravating
entrapment enforcers circumstance circumstance.
The law enforcers The law enforcers As to the If not offset, it It operates to
resort to ways and induce, lure or incite effect will operate to reduce the
means for the a person who is not reduce the penalty by one
purpose of minded to commit a penalty to the or two degrees
capturing the crime and would not min. period, depending
lawbreaker in otherwise commit it, provided the upon what the
flagrante delicto into committing the penalty is a law provides.
crime divisible one.
This circumstance This circumstance
is no bar to absolves the accused PAR. 1 - INCOMPLETE JUSTIFYING OR
prosecution and from criminal EXEMPTING CIRCUMSTANCES
conviction of the liability
lawbreaker Applies when all the requisites necessary to justify
(People v. Marcos 185 SCRA 154) or exempt the act are not attendant.
PAR. 2 - OFFENDER IS UNDER 18 OR

ART. 13 MITIGATING OVER 70 YEARS OF AGE
CIRCUMSTANCES
Legal effects of various ages of offender.
Mitigating circumstances are those
which, if present in the commission of the Under 9 years of Exempting
crime, do not entirely free the actor from age circumstance
criminal liability, but serve only to reduce the Over 9 and under 15 Exempting
penalty. years of age, acting circumstance
without discernment
Mitigating circumstances are based on Minor delinquent Sentence may be
the diminution of either freedom of action, under 18 years of age suspended
intelligence, or intent, or on the lesser Under 18 years of age Privileged
perversity of the offender. mitigating
circumstance
Classes of mitigating circumstances: 18 years or over Full criminal
responsibility.
1. Ordinary mitigating 70 years or over Mitigating
circumstance, no
– those enumerated in subsections 1 to imposition of death
10 of Article 13, RPC, except that of penalty, exclusion of
minority. Those mentioned in death sentence if
subsection 1 of Art. 13 are ordinary already imposed is
suspended and
Page 18 of 97
commuted 1. that the provocation must be sufficient;

2. that it must originate from the offended
party; and
PAR. 3 - NO INTENTION TO COMMIT 3. that the provocation must be immediate
SO GRAVE A WRONG to the act, i.e., to the commission of the
crime by the person who is provoked.
If the offender had no intention to commit
so grave as that committed, he is entitled to What constitutes “sufficient provocation”
a mitigating circumstance. This can be to mitigate the liability of one who acts
taken into account only when the facts because of it?
proven show that there is a notable and The word “sufficient” means adequate to excite a
evident disproportion between the means person to commit the wrong and must be
employed to execute the criminal act and its accordingly proportionate to its gravity.
consequence. As to whether or not a provocation is sufficient
depends upon the act constituting the provocation,
What factors may be considered in the social standing of the person provoked, the
determining that accused had no place and the time when the provocation was
intention to commit so grave a wrong? made.
Intention, being an internal state, must be PAR. 5 – VINDICATION OF GRAVE

judge by external acts. OFFENSE
Intention must be judge by considering the Requisites: (Code: GC)

weapon used, the injury inflicted, and his
attitude of the mind when the accused 1. that there be a grave offense done to the
attacked the deceased, (Ppl v. Flores, 50 Phil one committing the felony, his spouse,
548) ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or
It is the intention of the offender at the relatives by affinity within the same
particular moment when he executes or degrees; and
commits the criminal act, not his intention 2. That the felony is committed in vindication
in the planning stage, which must be of such grave offense. A lapse of time is
considered. allowed between the vindication and the
doing of the grave offense.
May Art 13 Par 3 be invoked in
culpable felonies?
Distinguish Provocation from Vindication
In felonies through negligence, there is no
intent on the part of the offender which may Provocation Vindication
be considered. As to Provocation The grave
whom it is is made offense may
PAR. 4 - PROVOCATION OR THREAT made directly to thealso be
person committed
Define provocation. committing against the
the felony. offender’s
Provocation is understood as any unjust or relatives
improper conduct or act of the offended mentioned by
party, capable of exciting, inciting, or law.
irritating any one. As to its The The offended
nature provocation party must
need not be a have done a
grave offense. grave offense to
the offenders
Requisites: (Code: SOI) or his relatives.
As to the It is necessary The vindication
Page 19 of 97
lapse of that the of the grave during which the accused might have recovered
time provocation offense may be from normal equanimity.
or threat proximate, The circumstance of passion and obfuscation
immediately which admits cannot be mitigating in a crime which is planned
preceded the of an interval of and calmly meditated before its execution. (Ppl v.
act, i.e., that time between Pagal, 79 SCRA 570)
there be no the grave
interval of offense done by Distinguish Passion & Obfuscation from
time between the offended Irresistible Force
the party and the
provocation commission of Passion & Irresistible Force
and the the crime by Obfuscation
commission the accused. Mitigating Exempting
of the crime circumstance circumstance
Cannot give rise to Requires physical
What is considered a grave offense? irresistible force force
Passion and Irresistible force
The question of whether or not a certain obfuscation is within comes from a third
personal offense is grave must be decided by the offender himself person
the court, having in mind the social standing Arise from lawful Arise from unlawful
of the person, the place, and the time when sentiments sentiments
the insult was made. (Ppl v. Ruiz, 93 SCRA
739) Distinguish Passion & Obfuscation from
Provocation
PAR. 6 - PASSION OR OBFUSCATION
Passion & Provocation
Requisites: (Code: AP) Obfuscation
Passion and Provocation comes
1. The accused acted upon an impulse; obfuscation is from the injured
and produced by an party
2. The impulse must be so powerful that impulse which may
it naturally produced passion or be caused by
obfuscation in him. provocation.
The offense which Provocation must
Passion or obfuscation may constitute a engenders immediately precede
mitigating circumstance only when the same perturbation of mind the crime
arose from lawful sentiments. need not be
immediate. It is only
Even if there is actually passion or required that the
obfuscation on the part of the offender, there influence there of
is no mitigating circumstance when – lasts until the
a. the act is committed is a spirit of moment the crime is
lawlessness; or committed.
b. the act is committed in a spirit of The effect is loss of The effect is loss of
revenge. reason and self- reason and self-
control on the part of control on the part of
How much time should elapse between the offender. the offender.
the act producing passion and
obfuscation in the accused and the
offense for it to be mitigating?
The act producing obfuscation must not be

far removed from the commission of the
crime by a considerable length of time, PAR. 7 - VOLUNTARY SURRENDER AND
PLEA OF GUILT
Page 20 of 97
was in fact arrested. (Ppl v. Conwi, 71 Phil 595).

What are the two mitigating
circumstances provided in Art 13 Par But the law does not require that he surrender be
7? prior to the issuance of the order of arrest. (Ppl v.
Yecla, 68 Phil 740)
1. Voluntary surrender to a person in
authority or his agents. Requisites of plea of guilty: (Code: SOP)
2. Voluntary confession of guilt before
the court prior to the presentation of 1. That the offender spontaneously confessed
evidence for the prosecution. his guilt;
2. That the confession of guilt was made in
Requisites of voluntary surrender: open court, that is, before the competent
(NAV or VAN) court that is to try the case; and
3. That the confession of guilt was made prior
1. That the offender has not been to the presentation of evidence for the
actually arrested; prosecution.
2. That the offender surrendered
himself to a person in authority or to Accused is charged with murder, upon
the latter’s agent; and arraignment, he pleads guilty to homicide.
3. That the surrender was voluntary. Is the plea mitigating?
When is voluntary surrender NO, plea of guilty to a lesser offense is NOT a

considered mitigating? mitigating circumstance, because to be voluntary,
the plea of guilty must be to the offense charged.
For voluntary surrender to be appreciated, (Ppl v. Noble, 77 Phil 93)
the same must be spontaneous in such a
manner that it shows the interest of the PAR. 8 – PHYSICAL DEFECT
accused to surrender unconditionally to the
authorities, either because he acknowledged Physical defect referred to in this paragraph is
his guilt or because he wishes to save them such as being armless, cripple, or a slutterer, or
the trouble and expenses necessarily whereby his means to act, defend himself, or
incurred in his search and capture. (Ppl v. communicate with his fellow beings are limited.
Gervacio, 24 SCRA 960)
PAR. 9 - ILLNESS OF THE OFFENDER
The accused must actually surrender his own
person to the authorities, admitting illness should not deprive the offender of
complicity in the crime. His conduct, after consciousness of his acts.
the commission of the crime, must indicate a
desire on his part to own the responsibility PAR. 10 – SIMILAR AND ANALOGOUS
for the crime. (Ppl v Flores, 21 CAR [2s] 417) CIRCUMSTANCES
Is a surrender made after the warrant This paragraph authorizes the court to consider in
has been served considered favor of the accused “any other circumstance of a
mitigating? similar nature and analogous to those mentioned”
in paragraph 1 to 9 of the Article 13.
The surrender will not be considered as
mitigating. In a case, the appellant
surrendered only after the warrant of arrest ART. 14. AGGRAVATING
was served upon him, which cannot be CIRCUMSTANCES
considered as a “voluntary surrender”. (Ppl
v. Roldan, GR No. L-22030, May 29, 1968)
Aggravating circumstances are those which if
There was no voluntary surrender if the attendant in the commission of the crime serve to
warrant of arrest showed that the defendant increase the penalty without, however, exceeding
Page 21 of 97
the maximum of the penalty provided by law 2. Those which are included by law in
for the offense. defining the crime and prescribing the
penalty therefore; and
Basis: 3. Those which are inherent in the crime to
such degree that it must of necessity
They are based on the greater perversity of accompany the commission thereof.
the offender manifested in the commission of
the felony as shown by the motivating power PAR. 1 – ADVANTAGE TAKEN OF PUBLIC
itself, the place of commission, the means POSITION
and ways employed, the time, or the personal
circumstances of the offender or the offended The public officer must use the influence,
party. prestige, or ascendancy which his office gives
him as the means by which he realizes his
Enumerate the four kinds of purpose. The essence of the matter is presented
aggravating circumstances: in the inquiry. “Did the accused abuse his office in
order to commit the crime?”
1. Generic – those that can generally apply
to all crimes If the accused could have perpetrated the crime
2. Specific – those that apply only to a even without occupying his position, there is no
particular crimes abuse of public position.
3. Qualifying – those that change the
nature of the crime. PAR. 2 – CONTEMPT OR INSULT TO
4. Inherent – those that must of necessity PUBLIC AUTHORITIES
accompany the commission of the
crime. Requisites: (Code: ENKP or PENK)
Distinguish Generic from Qualifying 1. That the public authority is engaged in the
Aggravating Circumstances. exercise of his functions;
2. That he who is thus engaged on the
Generic Qualifying exercise of said functions is not the person
Aggravating Aggravating against whom the crime is committed;
Circumstance Circumstance 3. The offender knows him to be a public
Its effect, if not offset It gives the crime its authority;and
by any mitigating proper and exclusive 4. His presence has not prevented the
circumstance, is to name but also to offender from committing the criminal act.
increase the penalty place the author
which should be thereof in such a Who is a public authority
imposed upon the situation as to
accused to the deserve no other A public authority, sometimes also called a person
maximum period, penalty than that in authority, is a public officer who is directly
but without specially prescribed vested with jurisdiction, that is, a public officer
exceeding the limit by law for said crime. who has the power to govern and execute the
prescribed by law. laws. (Art 152, RPC)
It can be It cannot be offset by
compensation by a a mitigating PAR. 3 – DISREGARD OF RANK, AGE, SEX
mitigating circumstance OR DWELLING OF OFFENDED PARTY
circumstance
When all the four aggravating
When do aggravating circumstances circumstances are present, must they be
do not have the effect of increasing the considered as one?
penalty?
1. Those which in themselves If all the four circumstances are present, they have
constitutes a crime specially the weight of one aggravating circumstance only.
punishable by law; (Albert)
Page 22 of 97
To what classification of crimes is this abduction or seduction, sex is not

aggravating circumstance applicable? aggravating.
Disregard of the respect due the offended 4. that the crime be committed in the
party on account of his rank, age, or sex may dwelling of the offended party.
be taken into account only in crimes against
persons or honor, when in the commission of What can be considered as a “dwelling”?
the crime, there is some insult or disrespect
to rank, age or sex. It is not proper to Dwelling must be a building or structure,
consider this aggravating circumstance in exclusively used for rest and comfort. (Ppl v.
crimes against property. (Ppl v. Pagal, 79 Magnaye, 89 Phil 233)
SCRA 570)
Dwelling includes dependencies, the floor of the
What is the meaning of “with insult or staircase and enclosure under the house.
in disregard”?
What aggravates the commission of the
It is necessary to prove the specific fact or crime in one’s dwelling?
circumstance, other than that the victim (or
an old man or one of high rank), showing 1. The abuse of confidence which the offended
insult or disregard of sex (or age or rank) in party reposed in the offender by opening the
order that it may be considered as door to him; or
aggravating circumstance. There must be 2. The violation of the sanctity of the home by
evidence that in the commission of the crime, trespassing therein with violence or against the
the accused deliberately intended to offend will of the owner.
or insult the sex or age of the offended party.
(Ppl v. Mangsant, 65 Phil 548) What is the effect if the offended party gave
provocation?
The act be committed with insult or in
disregard of the respect due the offended When it is the offended party who has provoked
party on account – the incident, he loses his right to the respect and
consideration due in him in his own house. (Ppl v.
1. of the rank of the offended party Ambis, 68 Phil 635)
→ There must be a difference in the
social condition of the offender and the The provocation must be: (Code: OSI)
offended party
2. of the age of the offended party 1. given by the owner of the dwelling;
→ Applies to cases where the victim is of 2. sufficient; and
tender age as well as of old age 3. immediate to the commission of the crime.
3. of the sex of the offended party
→ This refers to the female sex, not the If all these are present, the offended party is
male sex deemed to have given provocation, and the fact
that the crime is committed in the dwelling of the
When are these circumstances offended party is not an aggravating circumstance.
(disregard of rank, age or sex) not
considered aggravating? Is it necessary that the crime actually be
committed inside the offended party’s
a. When the offender acted with passion dwelling?
and obfuscation.
b. When there exists a relationship For the circumstance to be considered, it is not
between the offended party and the necessary that he accused should have actually
offender. entered the dwelling of the victim to commit the
c. When the condition of being a woman offense; it is enough that the victim was attacked
is indispensable in the commission of inside his own house, although the assailant may
the crime. Thus, in parricide, have devised means to perpetrate the assault from
without. (Ppl v. Ompaid, 26 SCRA 750)
Page 23 of 97
PAR. 4 – ABUSE OF CONFIDENCE Public authorities are Public authorities are

AND OBVIOUS UNGRATEFULLNESS outside their office in their office
performing their performing their
What are the two circumstances under duties. duties.
Art 14 Par that aggravates the liability The public authority The public authority
of the offender? is not the offended is the offended party.
1. Abuse of confidence party.
2. Obvious ungratefulness
PAR. 6 – NIGHTTIME, UNINHABITED
When can this circumstance be PLACE OR BAND
considered?
When are these circumstance considered
This circumstance exists only when the aggravating?
offended party has trusted the offender who
later abuses such trust by committing the 1. When it facilitated the commission of the
crime. The abuse of confidence must be a crime.
means of facilitating the commission of the → because of the darkness of the night the
crime, the culprit taking advantage of the crime can be perpetrated unmolested, or
offended party’s belief that the former would interference can be avoided, or there would
not abuse said confidence. be greater certainty in attaining the ends of
the offender (Ppl v. Matbagon, 60 Phil
Requisites: (Code: TAF or FAT) 887)
1. That the offended party had trusted 2. When especially sought for by the offender
the offender; to insure the commission of the crime or
2. That the offender abused such trust for the purpose of impunity.
by committing a crime against the → the offender especially sought for the
offended party; and nighttime, when he sought for it in order to
3. That the abuse of confidence realize the crime with more ease (Ppl v.
facilitated the commission of the Aquino, 68 Phil 615).
crime.
3. When the offender took advantage
PAR. 5 – PLACES OF COMMISSION therefor the purpose of impunity.
OF OFFENSE → “For the purpose of impunity” means to
prevent his (accused) being recognized, or
The liability of the offender is aggravated to secure himself against detection and
when the crime is committed: punishment. (Ppl v. Matbagon)
1. in the palace of the Chief Executive; How long does nighttime last?
2. in the presence of the Chief
Executive; Nighttime should be understood that period of
3. where public authorities are engaged darkness beginning at the end of dusk and ending
in the discharge of their duties, or at dawn. Nights are from sunset to sunrise (Art 13 ,
4. in a place dedicated to the religious NCC).
worship.
What is uninhabited place?
Distinguish Par 2 from Par 5 of Art 14.
An uninhabited place is one where there are no
Par. 2 (Contempt Par. 5 (Places of houses at all, a place at a considerable distance
or insult of Public commission of from town, or where the houses are scattered at a
Authorities) offense) great distance from each other.
The public The public
authorities are in the authorities are in the Whether or not the crime committed is attended
performance of their performance of their by this aggravating circumstance should be
duties. duties. determined, not by the distance of the nearest
Page 24 of 97
house from the scene of the crime, but a. when both the attacking party and the
whether or not in the place of the party attacked were equally armed.
commission of the offense, there was b. when the accused as well as those who
reasonable possibility of the victim receiving cooperated with him in the commission of
some help. (Ppl v. Damaso, 75 OG 4979) the crime acted under the same plan and
for the same purpose.
What is a band?
Distinguish “with aid of armed men” under
Whenever more than 3 armed malefactors Par. 8 from “by a band” band under Par 6.
shall have acted together in the commission
of the offense, it shall be deemed to have By band requires that more than three armed
been committed by a band. malefactors shall have acted together in the
commission of an offense.
PAR. 7 – CALAMITY OR MISFORTUNE
Aid of armed men is present even if one of the
What is the basis of this circumstance? offenders merely relied on their aid, for actual aid
is not necessary.
The basis of this aggravating circumstance
has reference to the time of the commission PAR. 9 - RECIDIVIST
of the felony.
A recidivist is one who, at the time of his trial for
The reason for the existence of this one crime, shall have been previously convicted by
circumstance is found in the debased form final judgment of another crime embraced in the
of criminality, met in one who, in the midst same title of the RPC.
of a great calamity, instead of lending aid to
the afflicted, adds to their great suffering by Requisites: (Code:OPEC)
taking advantage of their misfortune to
despoil them. 1. That the offender is on trial for an offense;
2. That he was previously convicted by final
Is this circumstance limited to natural judgment of another crime;
calamities or disasters? 3. That both the first and the second offenses
are embraced in the same title of this
The phrase “or other calamity or code; and
misfortune” refers to other condition of 4. That the offender is convicted of the new
distress similar to those previously offense.
enumerated, that is, “conflagration,
shipwreck, earthquake or epidemic.” Hence, PAR. 10 – REITERACION
chaotic conditions after liberation are not
included under this paragraph. (Ppl v. Requisites: (Code: OPC or COP)
Corpus, CA 43 OG 2249)
1. That the accused is on trial for an offense;
PAR. 8 – AID OF ARMED MEN 2. That he previously served sentence for
another offense to which the law attaches
Requisites: (AA) an equal or greater penalty, or for two or
more crimes to which it attaches lighter
1. That armed men or persons took penalty than that for the new offense; and
part in the commission of the crime, 3. That he is convicted of the new offense.
directly or indirectly; and
When is reiteracion not considered
2. That the accused availed himself of aggravating?
their aid or relied upon them when
the crime was committed. If, as a result of taking this circumstance into
account, the penalty for the crime of murder would
Exceptions: This aggravating be death and the offense for which the offender
circumstance shall not be considered - has been previously convicted are against
Page 25 of 97
property and not directly against persons, What is the purpose of the price or reward
the court should exercise its discretion in to be considered aggravating?
favor of the accused by not taking this
aggravating circumstance into account. The evidence must show that one of the accused
used money or other valuable consideration for the
Distinguish Reiteracion from purpose of inducing another to perform the deed.
Recidivism (US v. Gamao, 23 Phil 81)
Reiteracion Recidivism PAR. 12 – BY MEANS OF INUNDATION,

Offender shall have It is enough that FIRE, ETC.
served out his final judgment has
sentence for the first been rendered in the Unless used by the offender as a means to
offense. first offense. accomplish a criminal purpose, any of the
The previous and The offenses are circumstances in Par 12 cannot be considered to
subsequent offense required to be increase the penalty or to change the nature of the
must not be included in the same offense.
embraced in the title of the Code.
same title of the PAR. 13 – EVIDENT PREMEDITATION
Code.
Not always an Always taken into Requisites: (TAS)
aggravating consideration in
circumstance. fixing the penalty to 1. The time when the offender determined to
be imposed upon the commit the crime;
accused. 2. An act manifestly indicating that the
culprit has clung to his determination; and
Enumerate the Four forms of 3. A sufficient lapse of time between the
Repetition. determination and execution, to allow him
to reflect upon the consequences of his act
1. Recidivism (Par 9, Art 14, RPC) and to allow his conscience to overcome
2. Reiteracion or habituality (Par 10, Art 14, the resolution of his will.
RPC)
3. Multi-recidivism or habitual delinquency Why is sufficient time required?
(Art 62, par 5, RPC)
4. Quasi-recidivism (Art 160, RPC) The offender must have an opportunity to coolly
and serenely think and deliberate on the meaning
PAR. 11 – PRICE, REWARD OR and the consequences of what he planned to do,
PROMISE an interval long enough for his conscience and
better judgment to overcome his evil desire and
How many offenders are contemplated scheme. (Ppl v. Mendoza, 91 Phil 58)
in this circumstance?
PAR. 14 – CRAFT, FRAUD OR DISGUISE
When this aggravating circumstance is
present, there must be two or more This circumstance is characterized by the
principals, the one who gives or offers the intellectual or mental rather than the physical
price or promise and the one who accepts it. means to which the criminal resorts to carry out
his design.
Is this paragraph applicable to the one
who gave the price or reward? • Craft involves the use of intellectual trickery
or cunning on the part of the accused
When this aggravating circumstance is
present, it affects not only the person who • Fraud involves the use of insidious words and
received the price or the reward, but also the machination used to induce the victim to act in
person who gave it. (US v. Parro, 36 Phil a manner which would enable the offender to
923) carry out his design.
Page 26 of 97
• Disguise is resorting to any devise to PAR. 16 – TREACHERY (Alevosia)

conceal identity.
What is treachery?
Distinguish craft from fraud.
There is treachery when the offender commits any
When there is a direct inducement by of the crimes against the person, employing
insidious words or machinations, fraud is means, methods or forms in the execution thereof
present; otherwise, the act of the accused which tend directly and specially to insure its
dome in order not to arouse the suspicion of execution, without risk to himself arising from the
the victim constitutes craft. defense which the offended party might make.
(Art 14 Par 16 RPC)
PAR. 15 – SUPERIOR STRENGTH OR
MEANS TO WEAKEN DEFENSE Treachery means that the offended party was not
given opportunity to make a defense. (Ppl v.
What does taking advantage of Tiozon, 198 SCRA 368)
superior strength / means to weaken
defense involve? The characteristic and unmistakable manifestation
of treachery is the deliberate, sudden, and
To take advantage of superior strength unexpected attack of the victim from behind,
means to use purposely excessive force out without any warning and without giving him and
of proportion to the means of defense opportunity to defend himself or repel the initial
available to the person attach. (Ppl v. assault.
Cabiling, 74 SCRA 285)
Rules regarding treachery
The aggravating circumstance of abuse of
superior strength depends on the age, size, 1. Applicable only to crimes against the
and strength of the parties. It is considered person.
that whenever there is a notorious inequality 2. Means, methods or forms need not insure
of forces between the victim and the accomplishment of crime, only its
aggressor, assessing the superiority of execution.
strength notoriously advantageous for the 3. The mode of attack must be consciously
aggressor which is selected or taken adopted.
advantage of by him in the commission of the
crime. (Ppl v. Carpio) Treachery maybe appreciated in robbery
with homicide although the latter is
Where abuse of superior strength is to be essentially a crime against property.
estimated as an aggravating circumstance
from the mere fact that more than one People vs. Ancheta
person participated in the offense, it must G.R. No. 143935, 04 June 2004, 431 SCRA 42
appear that the accused cooperated together
in some way designed to weaken the defense. Treachery is a generic aggravating circumstance
(Ppl v. Cortez, 55 Phil 143) to robbery with homicide although said crime is
classified as a crime against property and a single
The offender employs means to materially and indivisible crime. xxx
weaken the resisting power of the offended Treachery is not an element of robbery with
party. (Ppl v. Tunhawan, 166 SCRA 638) homicide. Neither does it constitute a crime
especially punishable by law nor is it included by
Mere superiority in number, even assuming the law in defining the crime of robbery with
it to be a fact, would not necessarily indicate homicide and prescribing the penalty therefor.
the attendance of abuse of superior strength. Treachery is likewise not inherent in the crime of
The prosecution should still prove that the robbery with homicide. Hence, treachery should
assailants purposely used excessive force out be considered as a generic aggravating
of proportion to the means of defense circumstance in robbery with homicide for the
available to the persons attacked. (Ppl v. imposition of the proper penalty for the crime. xxx
Sansaet, 376 SCRA 426)
Page 27 of 97
In fine, in the application of treachery as a It must tend to make the effects of the crime more
generic aggravating circumstance to robbery humiliating or put the offended party to shame.
with homicide, the law looks at the
constituent crime of homicide which is To which crimes does this aggravating
a crime against persons and not at the circumstance apply?
constituent crime of robbery which is
a crime against property. Treachery is This aggravating circumstance is applicable to
applied to the constituent crime of crimes against chastity, less serious physical
“homicide” and not to the constituent crime injuries, light or grave coercion and murder
of “robbery” of the special complex crime of
robbery with homicide. PAR. 18 – UNLAWFUL ENTRY
Requisites of treachery: (Code: NA) When is there unlawful entry?
1. that at the time of the attack, the There is unlawful entry when an entrance is
victim was not in a position to defend effected by a way not intended for the purpose.
himself; and
2. that the offender consciously As an aggravating circumstance, it must be a
adopted the particular means, means to effect entrance and not for escape.
method or form of attack employed
by him. PAR. 19 – BREAKING WALL
Must treachery be present in the Is it necessary for the offender to enter the
beginning of the assault? structure or building after breaking the
wall, roof, etc.?
When the aggression is continuous, treachery
must be present in the beginning of the It is not necessary that the offender should have
assault. entered the building. What aggravates the liability
of the offender is the breaking of the part of the
When the assault was not continuous, in that building as a means of the commission of the
there was an interruption, it is sufficient that crime.
treachery was present at the moment the
fatal blow was given. The circumstance is aggravating only in those
cases where the offender resorted to any of said
What other aggravating circumstances means to enter the house. If it is broken in order to
does treachery absorb? get out of the place, it is not an aggravating
circumstance.
Treachery absorbs abuse of superior
strength, aid of armed men, by a band and PAR. 20 – AID OF MINOR OR BY MEANS
means to weaken the defense. OF MOTOR VEHICLES
Nighttime forms part of the peculiar What are the aggravating circumstances
treacherous means and manner adopted to contemplated under this paragraph?
insure the execution of the crime.
Two different circumstances are grouped in this
PAR. 17 – IGNOMINY paragraph. The first one tends to repress the
frequent practice resorted to by professional
What is ignominy? criminals to avail themselves of minors taking
advantage of their irresponsibility; and the second
Ignominy is a circumstance pertaining to one is intended to counteract the great facilities
the moral order, which adds disgrace and found by modern criminals in said means to
obloquy to the material injury caused by the commit crime and flee and abscond once the same
crime. is committed.
Page 28 of 97
When is the use of motor vehicle Ignominy involves moral suffering, while cruelty
considered aggravating? refers to physical suffering.
Use of motor vehicle is aggravating where the Note:

accused used the motor vehicle in going to
the place of the crime, in carrying away the Nocturnity is absorbed in treachery
effect thereof, and in facilitating their escape. Evident premeditation is inherent in
(Ppl v. Espejo, 36 SCRA 400) robbery, estafa, theft and similar offenses.
Craft is inherent in treachery.
The use of a motor vehicle qualifies the Abuse of superior strength, aid of armed
killing to murder if the same was perpetrated men and nocturnity is absorbed in
by means thereof. (Ppl v. Enguito, 326 treachery.
SCRA 508) Unlawful entry is inherent in trespass to
dwelling and robbery with force upon
In Ppl v. Mallari, 404 SCRA 170, the accused things but no in robbery with violence
deliberately used his truck in pursuing the against or intimidation of persons.
victim. Upon catching up with him, accused
hit him with the truck, as a result of which
the victim died instantly. It is clear that the ART. 15 - ALTERNATIVE CIRCUMSTANCES
truck was the means used by accused to
perpetrate the killing of the victim.
Alternative circumstances are those which must be
PAR. 21 - CRUELTY taken into consideration as aggravating or
mitigating according to the nature and effects of
What is cruelty? the crime and the other conditions attending its
commission.
There is cruelty when the culprit enjoys and
delights in making his victim suffer slowly The alternative circumstances under Art 15 RPC
and gradually, causing him unnecessary are:
physical pain in the consummation of the
criminal act. (Ppl v. Dayug, 49 Phil 423) 1. Relationship
2. Intoxication
Cruelty requires deliberate prolongation of 3. Degree of instruction and education of the
the physical suffering of the victim. offender
For cruelty to be appreciated as a generic • Relationship
aggravating circumstance there must be
positive proof that the wounds found on the The alternative circumstance of relationship shall
body of the victim were inflicted while he was be taken into consideration when the offended
still alive in order unnecessarily to prolong party is the –
physical suffering. (Ppl v. Pacris, 194 SCRA
654) 1. spouse
2. ascendant
Requisites of cruelty: (WI) 3. descendant
4. legitimate, natural or adopted brother or
1. That the injury caused be sister, or
deliberately increased by causing 5. relative by affinity in the same degree, of
other wrong; the offender.
2. That the other wrong be
unnecessary for the execution of the
purpose of the offender.
Distinguish ignominy from cruelty.
Page 29 of 97
When is relationship mitigating? 2. Intentional (subsequent to the plan to

Exempting? Aggravating? commit a felony).
CRIMES AGAINST PROPERTY → A habitual drunkard is one given to intoxication

Robbery, Mitigating by excessive use of intoxicating drinks.
usurpation,
fraudulent → It is intentional when the offender drinks liquor
insolvency fully knowing its effects, to find in the liquor a
Theft, swindling, Exempting stimulant to commit a crime or a means to
malicious mischief suffocate any remorse.
CRIMES AGAINST PERSONS
Murder or Homicide Aggravating • Degree of instruction and education of
Serious physical Aggravating the offender
injuries
Less serious or slight Mitigating if victim When is degree of instruction and
physical injuries is a descendant of education mitigating? Aggravating?
the accused.
Low degree of instruction and education or lack of
Aggravating if the it is generally mitigating. Lack of instruction or low
victim is an degree of it is appreciated as mitigating
ascendant of the circumstance in almost all crimes.
accused.
Parricide, adultery, Neither mitigating High degree of instruction and education is
concubinage nor aggravating aggravating, when the offender avails himself of his
since relationship is learning in committing the crime.
inherent in the
crime.
ART. 16 - PERSONS WHO ARE
CRIMES Aggravating CRIMINALLY LIABLE
AGAINST
CHASTITY
TRESPASS TO Mitigating Persons who are criminally liable in:
DWELLING
I. Grave and less grave felonies:
• Intoxication
1. Principals
Mitigating if the intoxication is: 2. Accomplices
3. Accessories
1. Not habitual, or
2. Not subsequent to the plan to II.Light felonies
commit a felony.
1. Principals
→ Once intoxication is established by 2. Accomplices
satisfactory evidence, in the absence of proof
to the contrary, it is presumed to be non- Why are accessories in light felonies not
habitual or unintentional. considered criminally liable?
In the commission of light felonies, the social
→ The amount of wine taken must be of such wrong as well the individual prejudice is so small
quantity as to blur the offender’s reason and that the penal sanction is deemed not necessary
deprive him of self-control. (Ppl v Cabrera) for accessories.
Aggravating if intoxication is:
1. Habitual, or
Page 30 of 97
ART. 17 - PRINCIPALS of the common design and purpose. (Ppl v. Izon,

104 Phil 690)
1. those who take a direct part in the
execution of the act; Is a formal agreement among the
2. those who directly force or induce conspirators necessary to hold them liable
others to commit it; as co-principals?
3. those who cooperate in the commission
of the offense by another act without In conspiracy, no formal agreement among the
which it would not have been conspirators is necessary, not even previous
accomplished. acquaintance among themselves; it is sufficient
that their minds meet understandingly so as to
PRINCIPAL BY DIRECT bring about an intelligent and deliberate
PARTICIPATION – personally takes part agreement to commit the offense charged.
in the execution of the act constituting the
crime. Are all the conspirators liable for the acts of
their co-accused even if the act was not
Requisites to consider one as a contemplated by them?
principal by direct participation:
(Code: PC) Co-conspirators are liable only for the acts done
pursuant to the conspiracy. For other acts done
1. That they participated in the outside the contemplation of the co-conspirators
criminal resolution; or which are not necessary and logical
2. That they carried out their plan and consequences of the intended crime, only the
personally took part in its execution actual perpetrators are liable. (Ppl v. Dela Cerna,
by acts which directly tended to the 21 SCRA 569).
same end.
If A, B and C agreed to kill X but A desisted
When are persons said to have before the act may be committed, will A still
participated in the criminal be liable as a co-conspirator?
resolution?
NO, A is not criminally liable. The act of the
Two or more persons are said to have conspirators who, as soon as the aggression was
participated in the criminal resolution when started by his co-conspirators, ran away and called
they were in conspiracy at the time of the for help of other persons who hurriedly responded,
commission of the crime. is an act of desistance from taking an active part in
the aggression which removes the case from the
When is there conspiracy between the operation of the established rule that when a
accused in order to hold them guilty as conspiracy is proven, the act of one co-conspirator
co-principals? is the act of all. (Ppl v. Mappala)
In order to held an accused guilty as co- Does knowledge alone of the criminal
principal by reason of conspiracy, it must be design and purpose sufficient to hold one a
established that he performed an overt act in co-principal?
the furtherance of the conspiracy, either by
actively participating in the actual The second requisite of principals by direct
commission of the crime, or by lending moral participation requires those people who have
assistance to his co-conspirators, or by participated in the criminal resolution carry out
exerting moral ascendancy over the rest of their plan and personally take part in its execution
the conspirators as to move them to by acts which directly tend to the same end.
executing the conspiracy. (Ppl v. Cortez, 57
SCRA 308) He must personally take part in executing the
criminal plan to be carried out. He must be at the
There must be intentional participation in scene of the commission of the crime, personally
the transaction with a view to the furtherance taking part in its execution.
Page 31 of 97
If the second requisite is lacking, at most, What constitutes inducement?

there is only conspiracy among the several
defendant who participated in the criminal To constitute inducement, there must exist on the
resolution, and if the crime they agreed and part of the inducer the most positive resolution
decided to commit is not treason, rebellion and the most persistent effort to secure the
or sedition, they are not criminally liable. commission of the crime, together with the
presentation to the person induced the very
PRINCIPAL BY INDUCTION – the strongest kind of temptation to commit the crime
principal by induction becomes liable only (US v Indanan, 24 Phil 203)
when the principal by direct participation
committed the act induced. When is the inducement said to be the
determining cause?
What are the two ways of becoming a
principal by induction? Inducement must precede the act induced and
must be so influential in producing the criminal
1. Directly forcing another to commit a act that without it, the act would not have been
crime, or performed.
2. Directly inducing another to
commit a crime Requisites needed in order that a person
using words of command maybe held
What are the two ways of directly liable: (Code: IADPN or PAID-N)
forcing another to commit a crime?
1. That the one uttering the words of command
1. By using irresistible force must have the intention of procuring the
2. By causing uncontrollable fear commission of the crime;
2. That the one who made the command must
In these cases, there is no conspiracy, not have an ascendancy or influence over the
even a unity of criminal purpose or intention. person who acted;
Only the one using force or causing fear is 3. That the words used must be so direct, so
criminally liable. The material executor is efficacious, so powerful as to amount to
not criminally liable because of Art. 12 Pars 5 physical or moral coercion;
and 6. 4. The words of command must be uttered prior
to the commission of the crime ; and
What are the two ways of directly 5. The material executor of the crime has no
inducing another to commit a crime? personal reason to commit the crime.
1. By giving price, or offering reward or Distinguish a principal by inducement from

promise; the offender who made a proposal to
2. By using words of command. commit a felony.
Requisites needed in order that a Inducement Proposal

person may be convicted as a principal Existence of inducement Existence of
by inducement: (Code: ID) to commit the crime inducement to
commit the crime
1. That the inducement be made Becomes liable only if Becomes liable only
directly with the intention of the crime is committed if the crime is
procuring the commission of the by the principal by direct treason or rebellion;
crime; and participation crime must not
2. That such inducement is the actually be
determining cause of the committed
commission of the crime by the Involves any crime Mere proposal is
material executor. punishable only if it
pertains to treason
or rebellion
Page 32 of 97
Requisites in order that a person may • In case there is doubt, the participation of the
be held liable as principal by offender will be considered that of an
indispensable cooperation: accomplice rather than that of the principal.
1. Participation in the criminal • In criminal cases, the participation of the

resolution, that is, there is either anterior accused must be established by the
conspiracy or unity of criminal purpose prosecution by positive and competent
an intention immediately before the evidence. It cannot be presumed.
commission of the crime charged; • The accomplice in crimes against person does
2. Cooperation in the commission of the not inflict the more or most serious wounds.
offense by performing another act,
without which it would not have been • Accomplices cooperate by acts not
accomplished. indispensable in the commission of the crime;
meaning, that without such acts, the crime
could still be committed by the culprit or
ART. 18 - ACCOMPLICES culprits. If the acts are indispensable, the
person cooperating is a principal by
cooperation.
Requisites needed in order to hold a
person liable as an accomplice: (Code:
CER)
ART 19 - ACCESSORIES
1. That there be community of design;
that is, knowing the criminal design What are the specific acts of accessories?
of the principal by direct
participation, he concurs with the 1. By profiting themselves or assisting the
latter in his purpose; offender to profit by the effects of the crime;
2. That he cooperates in the execution 2. By concealing or destroying the body of
of the offense by previous or the crime to prevent its discovery;
simultaneous acts, with the intention 3. By harboring, concealing or assisting in
of supplying material or moral aid in the escape of the principal of the crime.
the execution of the crime in an
efficacious way; and What are the two classes of accessories
3. That there is a relation between the contemplated under Par 3 of Art 19?
acts done by the principal and those
attributed to the person charged as a. Public officers who acts with abuse of
accomplice. his public functions
Conspirator Accomplice Requisites: (Code: CHAP)

They know and agree They know and agree
with the criminal with the criminal 1. Accessory is a public officer;
design design 2. He harbors, conceal or assists in the
Has knowledge of Has knowledge only escape of the principal;
the criminalof the intention after 3. He acts with abuse of his public
intention as they the principals have functions; and
have decided upon reached the decision 4. Crime committed is any crime but not
the course of action and only then do they light felony.
agree to cooperate in
the execution b. Private person
Decides the crime to Merely concurs in
be committed; what crime is to be Requisites: (Code: HOP)
authors of the crime committed; merely
assent to the plan 1. Accessory is a private person;
and cooperates in its 2. He harbors, conceals, assists in the
accomplishment escape of the offender; and
3. Offender is convicted of either:
Page 33 of 97
i.Treason • Only accessories under Par 2 and 3 of Art 19

ii.Murder are exempt from criminal liability if they are
iii.Parricide related to the principals
iv. attempt to take the life of
the President • If the accessory performed any of the acts
v. Known to be habitually mentioned in Par 1 of Art 19, he is liable even if
guilty of some other crime the principal is related to him because such
acts are not prompted by affection but by a
Is the conviction of the accessory detestable greed.
possible even if the principal is
acquitted?
PENALTIES
YES. Conviction of an accessory is possible
notwithstanding the acquittal of the What are the penalties that may be imposed
principal, if the crime was in fact committed, under the RPC?
but the principal was not held criminally
liable, because of an exempting Penalty Duration
circumstance.
CAPITAL PUNISHMENT
What if the principal is unknown or at
large?
Death
Even if the principal is unknown or at large,
AFFLICTIVE PENALTIES
the accessory may be held responsible
provided the requisites prescribed by law for
the existence of the crime are present an the Reclusion Perpetua 20 years & 1 day –
someone committed it. 40 years
Reclusion Temporal 12 years & 1 day –
20 years
ART. 20. ACCESSORIES WHO ARE Perpetual or 6 years & 1 day – 12
Temporary absolute years
EXEMPT FROM CRIMINAL
disqualification
LIABILITY
Perpetual or 6 years & 1 day – 12
Temporary special years
What are the situations where
disqualification
accessories are not criminally liable?
Prision Mayor 6 years & 1 day – 12
years
1. When the felony committed is a light
felony
CORRECTIONAL PENALTIES
2. When the accessory is related to the
principal as:
Prision Correctional 6 months & 1 day –
a. Spouse
b. an ascendant 6 years
c. A descendant Arresto mayor 1 month & 1 day – 6
d. A brother or sister, whether months
legitimate, natural or adopted or Suspension 6 months & 1 day –
where the accessory is a relative 6 years
by affinity within the same Destierro 6 months & 1 day –
degree, 6 years
unless the accessory himself profited LIGHT PENALTIES

from the effects or proceeds of the crime
or assisted the offender to profit thereon. Arresto Menor 1 day to 30 days
Public Censure
PENALTIES COMMON TO THE 3
Page 34 of 97
PRECEDING CLASSES 4/5 of the time during which he has undergone

Fine preventive imprisonment.
Bond to keep peace
EXCEPTION: Under the Child & Youth Welfare
Code, the youthful offender shall be
ART. 26 – CLASSIFICATION OF FINES credited in the service of his sentence with
the full time he spent in actual confinement
1. Afflictive - if it exceeds P6,000.00 and detention. It is not necessary that he
2. Correctional – if it does not exceed agreed to abide by the disciplinary rules
P6,000.00 but is not less than P200.00 imposed upon convicted prisoners.
3. Light Penalty – if it be less than
P200.00
ART 36 – PARDON BY PRESIDENT
In what cases is destierro imposed?
The penalty of destierro is imposed in the Effects of a pardon by a president:

following crimes:
1. A pardon shall not restore the right to hold
1. Serious Physical injuries or death public office or the right of suffrage.
under exceptional circumstances
2. Failure to give bond for good Exception: When any or both such rights
behavior is or are expressly restored by the terms
3. Penalty for concubine of the pardon.
4. In cases where after reducing the
penalty by one or more degrees, 2. It shall not exempt the culprit from the
destierro is the proper penalty payment of civil indemnity. The pardon
cannot make an exception to this rule.
ART 29. – PREVENTIVE Limitations to the exercise of pardoning

IMPRISONMENT power:
When is there preventive 1. That the power can be exercised only

imprisonment? after conviction;
2. That such power does not extend to
The accused undergoes preventive cases of impeachment.
imprisonment when the offense charged is
non-bailable or in cases that the bail cannot
be furnished. ART. 39 – SUBSIDIARY PENALTY
State the rules regarding preventive It is a subsidiary personal liability to be suffered

imprisonment. by the convict who has no property with which to
meet the fine, at the rate of one day for each eight
Offenders who have undergone preventive pesos, subject to the rules provided for in Art. 39
imprisonment shall be credited in the service RPC.
of their sentence with the full time during
which they have undergone preventive Rules as to subsidiary imprisonment:
imprisonment, if the detention prisoner
agrees voluntarily in writing to abide by the 1. If the penalty imposed is prision correctional
same disciplinary rules which he has or arresto and fine
undergone preventive imprisonment. – subsidiary imprisonment, not to exceed 1/3
of the term of the sentence, and in no case
If the detention prisoner does not agree to to continue for more than one year.
abide by the same disciplinary rules imposed Fraction or part of a day is not counted.
upon convicted prisoners, he shall be
credited in the service of his sentence with 2. When the penalty imposed is fine only
Page 35 of 97
- subsidiary imprisonment, not to 9. Robbery with violation against or

exceed 6 months, if the culprit is intimidation of persons
prosecuted for grave or less grave 10. Destructive arson
felony, and not to exceed 15 days, if 11. Rape
prosecuted for light felony. 12. Plunder
13. Violation of certain provisions of the
3. When the penalty imposed is higher than dangerous drug act
prision correccional 14. Carnapping
- no subsidiary imprisonment
Automatic review of cases where the death
4. If the penalty imposed is not to be penalty is imposed by the trial court – COURT
executed by confinement, but of fixed OF APPEALS (People vs. Mateo).
duration
- subsidiary penalty shall consist in the What are heinous crimes?
same deprivations as those of the
principal penalty, under the rule in Heinous crimes are those punishable by death for
Nos. 1 -3 above. being grievous, odious and hateful offenses and
which, by reason of their inherent or manifest
5. In case the financial circumstance of the wickedness, viciousness, atrocity and perversity
convict should improve, he shall pay the are repugnant and outrageous to the common
fine, notwithstanding the fact that the standards and norms of decency and morality in a
convict suffered subsidiary personal just, civilized and ordered society.
liability therefore.
What are the ten (10) specific heinous
crimes?
ART. 47. CASES THE DEATH
PENALTY SHALL NOT BE IMPOSED 1. Treason
2. Qualified Piracy
What are the cases where the death 3. Qualified Bribery
penalty shall be NOT be imposed? 4. Parricide
5. Murder
1. When the guilty person is more 6. Kidnapping and Serious Illegal Detention
than 70 years old; 7. Robbery with Homicide
2. When upon appeal or revision of the 8. Destructive Arson
case by the Supreme Court, 8 justices 9. Rape committed by two or more persons,
are not unanimous in their voting or with a deadly weapon or with homicide
as to the propriety of the imposition 10. Plunder
of the death penalty; or
3. When the offender is a minor
under 18 years of age. Art. 48. COMPLEX CRIMES
To which crimes is the penalty of death In complex crimes, although two or more crimes
imposed under RA 7659? are actually committed, they constitute only one
crime in the eyes of the law as well as in the
1. Treason conscience of the offender. The offender has one
2. Piracy in general and mutiny on the criminal intent, hence, there is only one penalty
high seas or in the Philippine water imposed for the commission of a complex crime.
3. Qualified piracy
4. Qualified bribery What are the two kinds of complex crimes?
5. Parricide
6. Murder 1. When a single act constitutes two or more
7. Infanticide grave or less grave felonies, otherwise known
8. Kidnapping and serious illegal as COMPOUND CRIME.
detention
Page 36 of 97
Requisites: (Code: SP-TOT) The above-mentioned doctrine does not apply

to delito compuesto (single act results in several
1. that only a single act is performed by grave or less grave). As when one single shot, with
the offender; a single intent to kill, killed to victims and the
2. that the single act produces: crimes committed are parricide and homicide.
a. two or more grave felonies, or
b. one or more grave and one or b. When the crimes involved are subject to
more less grave felonies, or the rule of absorption of one crime by
c. two or more less grave the other; that if one offense is an
felonies. element of another offense, the former is
deemed absorbed by the latter and there is
2. When an offense is a necessary means only one crime. This is true even if the
for committing the other, otherwise penalty for the offense absorbed is higher
known as the COMPLEX CRIME. (e.g. there is no complex crime of illegal
detention with abduction, murder with
Requisites: (TNP) rebellion, homicide through physical
injuries).
1. That at least two offenses are
committed; c. In special complex crimes, (e.g.
2. That one or some of the offenses must robbery with rape, rape with homicide)
be necessary to commit the other;
3. That both or all of the offenses must d. Where two offenses resulting from single
be punished under the same statute. act are specifically punished as a
single crime, such as less serious
No complex crime in the following physical injuries and slander by deed. This
cases: is punished under Article 265, par. 2 as the
single crime of less serious physical injuries
• When one offense is committed to with ignominy.
conceal the other.
• When the other crime is an e. When the crimes involved cannot be
indispensable part or an element of the legally complexed with another felony
other offense. committed in connection therewith.
• Where one of the offenses is penalized
by a special law. Distinguish Ordinary Complex Crime from
• In case of a continued crime. Special Complex Crime
Give instances when the rules under ORDINARY SPECIAL

Article 48 (Complex Crimes) are not COMPLEX COMPLEX
applicable: CRIME CRIME
As to Made up of 2 Made up of 2 or
a. When the crimes subject of the case concept or more more crimes
are covered by the doctrine of crimes being which are
common elements. When one punished in considered only
crime is committed as a necessary distinct as components
means to commit the other (delito provisions of of a single
complejo), they cannot be complexed the RPC but indivisible
if they have a common element. If alleged in one offense being
that element is used to complete the Information punished in one
requirements for completing the either provision in the
crime, the other crime would be because they RPC
incomplete and hence, non-existent. were brought
(e.g. estafa thru falsification of private about by
document, both crimes require single
damage) (People vs Reyes, 56 Phil felonious act
286) or because
Page 37 of 97
one offense in such maximum without changing the

a necessary minimum amount prescribed by law.
means for
committing Example: if the fine prescribed is from 200 to 500,
the other but the felony is frustrated so that the penalty
offense or should be imposed one degree lower, ¼ of 500
offenses. shall be deducted there from. This is done by
They are deducting 125 from 500 leaving a difference of
alleged in one 375. To go another degree lower, P125 shall
Information again be deducted from P375 and that would
so that only leave a difference of P250. Hence, the penalty
one penalty another degree lower is a fine ranging from
shall be P200 to P250. If at all the fine has to be
imposed lowered further, it cannot go lower than P200.
Under Art. 75, the court cannot change the
As to The penalty Only one minimum of P200. (See People vs. Rodriguez,
penalties for the most penalty is G.R. NO. L-6300)
serious crime specifically
shall be prescribed for What is complex penalty?
imposed and all the
in its component It is a penalty prescribed by law composed of three
maximum crimes which distinct penalties, each forming a period; the
period are regarded as lightest of them shall be the minimum, the next
one indivisible the medium, and the most severe the maximum
offense. period. (Art. 77, RPC)
The component
crimes are not Example: Reclusion temporal to death (Art. 114,
regarded as RPC)
distinct crimes
and so the MAXIMUM: Death
penalty for the MEDIUM: Reclusion perpetua
most serious MINIMUM: Reclusion temporal
crime is not the
penalty to be
imposed nor in INDETERMINATE SENTENCE LAW (ACT
its maximum NO. 4013, AS AMENDED)
period.
It is the penalty What is ISLAW?
specifically
provided for the Indeterminate Sentence Law (ISLAW)
special complex governs whether the crime is punishable under the
crime that shall RPC or a special law. ISLAW is not limited to
be applied violations of the RPC.
according to the
rules on What is the purpose of ISLAW ?
imposition of
penalty. To uplift and redeem valuable human material,
and prevent unnecessary and excessive
deprivation of personal liberty and economic
ART. 75 FINES usefulness.
As regards the penalty of fine, if the Is ISLAW applicable to special laws?

fine is to be reduced by the degree, the
fine is lowered by deducting ¼ of the Yes, as provided under the ISLAW, whether the
maximum amount of the fine from crime is mala in se or malum prohibitum, as long
Page 38 of 97
as the penalty provided is imprisonment, the mitigating and no aggravating

ISLAW will apply. This is applied only when circumstances are taken into account.
the penalty served is imprisonment. If not by
imprisonment, ISLAW does not apply.
How is the maximum term of the
indeterminate penalty determined?
How does ISLAW apply?
The maximum term of the indeterminate penalty
When the crime is punished by the RPC, the
is determined in any case punishable under the
ISLAW will be applied as follows:
RPC in accordance with the rules and provisions of
the Code exactly as if the Indeterminate Sentence
1. The court shall sentence the accused
Law had never been enacted.
to an indeterminate penalty (a
sentence that has a maximum and a
The following are the rules and provisions to be
minimum).
applied in determining the maximum term of the
2. The maximum of the ISLAW will be indeterminate penalty: Arts. 46, 48, 50 to 57, 61,
arrived at by taking into account the 62 (except par. 5), 64, 65, 68, 69, and 71.
attendant mitigating and/or
aggravating circumstances according NOTE: the rules and provisions in those articles,
to Art. 64 of the RPC. particularly Arts. 50 to 57, 62, 64, and 65, are not
applicable in fixing the minimum term of the
3. At arriving at the minimum of the
indeterminate penalty. The duration of the
ISLAW, the court will take into
minimum term is within the range of the penalty
account the penalty prescribed for the
next lower to that prescribed by the Code for the
crime and go one degree lower. (see
offense, without regard to its three periods.
Basan vs. People, No. L-39483), Nov.
29, 1974, 61 SCRA 275, 277)
When is ISLAW not applicable? (Code:
4. If there is a privilege mitigating SHIFTED-PEP)
circumstance which has been taken
into consideration in fixing the 1. Those sentenced to the penalty of destierro or
maximum of the ISLAW, the suspension.
minimum shall be based on the
2. Those who are habitual delinquents.
penalty as reduced by the privilege
mitigating circumstance within the 3. Those whose maximum term of imprisonment
range of the penalty next lower in does not exceed one year.
degree. (People vs. De Joya, 98 Phil. 4. Those who, upon the approval of the law, had
238, 240) been sentenced by final judgment.
5. Those convicted of treason, conspiracy or
When the crime is punished by a proposal to commit treason.
special law, this is how the ISLAW will 6. those convicted of misprision of treason,
apply: rebellion, sedition or espionage.
1. In fixing the maximum of the ISLAW, 7. Persons convicted of offenses punished with
the court will impose the penalty death penalty or life imprisonment.
within the range of the penalty 8. Those convicted of piracy.
prescribed by the special law, as long
as it will not exceed the limit of the 9. Those who shall have escaped from
penalty. confinement or evaded sentence.
2. In fixing the minimum of the ISLAW, 10. Those who violated the terms of conditional
the court can fix a penalty anywhere pardon to them by the Chief Executive.
within the range of penalty prescribed
by the special law, as long as it will
not be less than the minimum limit of
the penalty under said law. No
Page 39 of 97
4. Once been under probation

May a recidivist be given the benefit of
5. Already serving sentence
ISLAW?
YES, a recidivist for the first time may be May an order denying/granting probation
given the benefit of the law. (See People vs. be appealed?
Yu Lian, C.A., 40 O.G. 4205; People vs.
Venus, 63 Phil. 435, 442) NO, an order granting or denying an appeal is not
appealable.
PD 968: PROBATION LAW When is probation denied?
What is probation? 1. the offender is in need of correctional

treatment that can be provided most
Probation is a disposition under which a effectively by his commitment to an
defendant, after conviction and sentence, is institution;
released subject to conditions imposed by the 2. there is an undue risk that during the
court and to the supervision of a probation period of probation, the offender will
officer. commit another crime; or
When and where shall application for 3. probation will depreciate the seriousness of
probation be filed? the offense committed.
The application for probation must be filed What are the effects of violation of
within the period for perfecting an appeal. It probation order?
must be invoked after conviction. The
application suspends the execution of the If the probationer fails to comply with any of the
sentence and places the defendant on conditions prescribed in the order, he shall serve
probation for such period. Moreover, the penalty imposed for the offense under which
application for probation is exclusively he was placed on probation. Moreover, serious
within the jurisdiction of the trial court that violation of the conditions of probation may cause
renders the judgment. probationer’s arrests.
What would be the effect of filing an Distinguish the Probation Law (PL) and
application for probation?
Indeterminate Sentence Law (ISL)
The filing of an application for probation is
equivalent to a waiver of the right to appeal. PROBATION ISLAW
As to Must not be Must be more
Note: when the offender appeals, sentence more than 6 than 1 year
irrespective of the purpose of the appeal, he years
will be disqualified from applying for As to Imprisonment Imprisonmen
probation, even though he later withdraws penalty or fine t only
his appeal. As to Sentence is Minimum to
Dispositi suspended be served
Who are disqualified to apply for on
probation? As to Entire sentence Unexpired
violation shall be served portion is to
1. Sentenced to more than 6 yrs be served
As to Forecloses the No effect on
2. Convicted of subversion or any crime
appeal right to operation of
against national security
probation the ISLAW
3. Previously convicted by final judgment of
not less than 1 month or fine not less
than P200
Page 40 of 97
ART. 78 – EXECUTION AND SERVICE ART. 89 – EXTINCTION OF CRIMINAL

OF PENALTIES LIABILITY
When is penalty executed? Criminal liability is totally extinguished as

follows:
Art. 78 provide that “no penalty shall be
executed except by virtue of a final judgment. 1. by DEATH of the convict as to personal
There must be finality of the judgment first penalties; and as to pecuniary penalties,
before it may be executed, because the liability therefore is extinguished only
accused may still appeal within the period of when the death of the offender occurs
15 days from its promulgation. However, if before final judgment
the defendant had already waived his right to 2. by SERVICE of the sentence
appeal, judgment becomes final immediately. 3. by AMNESTY which completely
(See Rule 120, Sec. 7, Rules of Court). extinguished the penalty and all its effects;
4. by absolute PARDON;
What are the circumstances that 5. by PRESCRIPTION of the crime;
suspend execution of death sentence? 6. by PRESCRIPTION of the penalty;
7. by MARRIAGE of the offended women as
1. Woman, while pregnant; in the crimes of rape, abduction, seduction
2. Woman, within one year after and acts of lasciviousness.
delivery;
3. Persons over 70 years of age. Criminal liability is partially extinguished as
4. Convict who becomes insane after follows:
final sentence of death has been
pronounced. 1. by conditional pardon
2. by commutation of sentence
Distinguish between Art. 83 and Art. 3. for good conduct, allowances which the
47. culprit may earn while he is serving
sentence
Art. 47 apply to cases in which death penalty 4. by parole
is not to be imposed. 5. by probation
They are: Does extinction of criminal liability

automatically extinguish civil liability?
1. When the guilty person is more
than 70 years old. No, extinction of criminal liability does not
2. When upon appeal or automatic extinguish civil liability. (See Petralba vs.
review of the case by the S.C., the Sandiganbayan, G.R. No. 81337, Aug. 6, 1991,
required majority vote is not 200 SCRA 644, 649)
obtained for imposing the death
penalty. May death extinguish both criminal and
civil liability of an offender?
3. When the convict is a minor under
18 years of age. YES, where the offender dies BEFORE final
judgment, his death extinguishes BOTH his
While with respect to Art. 83, the same criminal and civil liabilities. Therefore, when the
provides only for the suspension of the offender dies AFTER final judgment, the
execution of death penalty. pecuniary penalties are not extinguished.
What would be the effect of death if the

accused died pending appeal on his
criminal and civil liability?
Page 41 of 97
General Rule: Death of the accused Distinguish Pardon by the President from
pending appeal of his conviction Pardon by the Offended Party
extinguishes his criminal liability as well
as the civil liability based solely on the PARDON BY THE
offense committed. PARDON BY THE
OFFENDED
PRESIDENT
PARTY
EXCEPTION: The claim on civil liability
survives notwithstanding the death of the Extinguishes the Does not extinguish
accused, if the same may be predicated criminal liability of the criminal liability
on a source of obligation other than the offender
delict, such as law, contracts, quasi- Pardon does not The offended party
contracts, and quasi-delicts. (See People include civil liability can expressly waive
vs. Bayotas, G.R. No. 152007, Sept. 2,
that the offender the civil liability that
1994, 236 SCRA 239)
must pay the offender must
What is Amnesty? pay
Pardon by the In cases where the
It is an act of sovereign power granting President is granted law allows pardon by
oblivion or a general pardon for a past only after conviction the offended party
offense, and is rarely, if ever, exercised in and may be extended (Art.344), the
favor of a single individual, and is usually
exerted in behalf of certain classes of to any of the pardon should be
persons, who are subject to trial but have not offenders given before the
yet been convicted. institution of the
criminal prosecution
Does amnesty completely extinguish and must be
the penalty and all its effects? extended to both
offenders
Yes, it completely extinguishes the penalty
and all its effects. It erases not only the
conviction but also the crime itself.
ART. 90 – PRESCRIPTION OF CRIMES
How is Pardon different from
Amnesty?
Distinguish prescription of crime from
The difference between pardon and amnesty prescription of penalty.
is that, pardon is an act of grace proceeding
from the power entrusted with the execution Prescription of the crime is the forfeiture or
of the laws which exempts the individual loss of the right of the State to prosecute the
from the punishment the law inflicts from offender after the lapse of a certain time.
the crime he has committed.
Prescription of penalty is the loss or forfeiture
Moreover, Pardon is exercised when the of the right of the government to execute the final
person is already convicted, while amnesty sentence after the lapse of a certain time
may be exercised even before trial or
investigation is had. What are the conditions necessary in
prescription of penalty?
Does pardon completely extinguish the
penalty and its effects? 1. That there be final judgment; and
2. That the period of the time prescribed
NO, it produces the extinction only of the by law for its enforcement has
personal effects of the penalty. elapsed.
Note: Both do not extinguish the civil

liability of the offender. (Art. 113, RPC)
Page 42 of 97
When shall crimes punishable by fines

prescribe?
Note: only the filing of proper information or
complaint in court corresponding to the offense
Crimes punishable by fines shall prescribe in
interrupts the period of prescription.
15 years, if the fine is afflictive; or in 10
years, if it is correctional; or in two
months, if the fine is light. The When does the period of prescription of
subsidiary penalty for nonpayment of the crime commence to run?
fine should not be considered in determining
the period of prescription of the crimes. The period of prescription of crime commences to
run from the commission of the offense or its
Note: Since light felony is specifically discovery (discovery of the crime), if the
defined in Art. 9 as an infraction of the law commission of the same was unknown.
for the commission of which the penalty of
arresto menor or a fine not exceeding P200, If the offender is out of the Philippines,
or both, is provided, a fine of P200 provided does the term of prescription remain
for a light felony should not be considered suspended?
correctional.
The prescriptive period of the crime or penalty
When shall prescription for violations does not run when the offender is out of the
penalized by special laws & ordinances Philippines.
begin to run?
What is the effect of filing amended
Prescription shall begin to run from the day complaint or information upon period of
of the commission of the violation of the law, prescription?
and if the same be not known at the time,
from the discovery thereof and the If the amendment is made after the prescriptive
institution of judicial proceedings for its period, distinction must be made between the
investigation and punishment. (Sec. 2, Act original complaint and the different act
No. 3326) complained of. If it is merely a correction of a
defect, the date of the original complaint or
When is prescription of the crime information should be considered. (LTB vs.
interrupted or suspended? Ramos, G.R. No. 41399, Aug. 9, 1934)
1. When a complaint is filed in a proper

barangay for conciliation or BOOK II
mediation as required by chapter 7,
LGC, but the suspension of such TITLE 1 - CRIMES AGAINST NATIONAL
period is good only for 60 days; SECURITY AND THE LAW OF NATIONS
2. When criminal case is filed in the
Fiscal’s Prosecutor’s Office, the Art. 114 - TREASON
prescription of the crime is
suspended until the accused is What is treason?
convicted or proceeding is terminated
for a cause not attributable to the Treason is a breach of allegiance to a government,
accused; committed by a person who owes allegiance to it.
(63 C.J. 814)
3. But where the crime is subject to
Summary Procedure, the prescription Who is the offender in the crime of
of the crime will be suspended only treason?
when the information is already filed
with the trial court. It is not the filing The offender in treason must be a Filipino citizen
of the complaint but the filing of the as provided under the first paragraph of Article 114
information in the trial which will but as amended, the RPC punishes a resident alien
suspend the prescription of the crime.
Page 43 of 97
who commits treason. (People vs. Marcaida, guilty in open court; that is, before the judge while
79 Phil. 283) actually hearing the case.
Modes or ways of committing treason Elements of treason: (Code: OWLA)
1. by levying war against the

1. that the offender is a Filipino citizens or an
government; and
alien residing in the Philippines;
2. by adhering to the enemies of the
Philippines, giving them aid or 2. that there is a war in which the Philippines
comfort. is involved; and
3. that the offender either:
Does adherence alone constitute
treason? a. levies war against the government; or
b. adheres to the enemies, giving them aid
No. The crime of treason consists of two or comfort.
elements: adherence to the enemy; and
rendering him aid and comfort. (People vs.
Tan, P.C., 42 O.G. 1263) Emotional or Art. 115 – CONSPIRACY AND PROPOSAL
intellectual attachment or sympathy to the TO COMMIT TREASON
enemy, without giving aid or comfort, is not
treason. (People vs. Roble, 83 Phil. 1) How are crimes of conspiracy and proposal
to commit treason committed?
Ways of proving treason
Conspiracy to commit treason is committed when
1. testimony of two witnesses, at least, in times of war, two or more persons come to an
to the same overt act; or agreement to levy war against the Government or
2. confession of the accused in open to adhere to the enemies and to give them aid or
court. (Art. 114, par. 2, RPC; Sec. 4, comfort, and decide to commit it. (Arts. 8 and 114,
Rule 133 of the Rules of Court) RPC)
Is there such thing as attempted Proposal to commit treason is committed when in

treason? time of war a person who has decided to levy war
against the Government or to adhere to the
No. Mere attempt of committing treason enemies and to give them aid or comfort, proposes
consummates the crime. its execution to some other person or persons.
(Arts. 8 and 114, RPC)
How adherence may be proven
Does the two-witness rule apply to
1. by one witness, conspiracy or proposal to commit treason?
2. from the nature of the act itself, or
3. from the circumstances surrounding No. The two-witness rule does not apply to this
the act. (People vs. Canibas, 85 Phil. crime, because this is a separate and distinct
469) offense from that of treason. (US vs. Bautista, et
al., 6 Phil. 581)
Is extrajudicial confession or
confession made before the Art. 116 – MISPRISION OF TREASON
investigators sufficient to convict a
person of treason? Elements: (Code: AKC)
No. The confession means a confession of 1. That the offender must be owing allegiance
guilt. It is not only an admission of facts to the government and not a foreigner
made by the accused in giving his testimony
after a plea of not guilty, from which 2. That he has knowledge of any conspiracy
admissions of his guilt can be inferred. (US (to commit treason) against the
vs. Magtibay, 2 Phil. 705) It means pleading Government.
Page 44 of 97
3. The he conceals or does not disclose reason to believe that the information is to be used
and make known the same as soon as to the injury of the Republic of the Philippines or
possible to the proper authority. to the advantage of any foreign nation.
Can misprision of treason be

Distinguish Espionage from Treason.
committed by a resident alien?
No. The offender must be owing allegiance TREASON ESPIONAGE

to the Government, without being a foreigner Treason is Espionage may be
therefore this crime can only be committed committed only in committed both in
by citizens of the Philippines. times of war, time of peace and in
time of war
Does Art. 116 apply when the crime of Treason is limited in Espionage may be
treason is already committed by two ways of committed in more
someone and the accused does not committing the than two ways
report its commission to the proper crime: levying war,
authority? and adhering to the
enemy
No. The essence of the crime is that there are giving him aid or
persons who conspire to commit treason and comfort
the offender knew this and failed to make the Treason may be Espionage is
necessary report to the government within committed by a generally committed
the earliest possible time. What is required citizen or a resident by an alien
is to report it as soon as possible. The alien
criminal liability arises if the treasonous
activity was still at the conspiratorial stage.
Because if the treason already erupted into Ways of committing espionage and their
an overt act, the implication is that the elements:
government is already aware of it. There is
no need to report the same. This is a felony 1. by entering, without authority therefore, a
by omission although committed with dolo, warship, fort, or naval or military
not with culpa. establishment or reservation to obtain any
information, plans, photographs or other data
Does Article 20 apply? of a confidential nature relative to the defense
of the Philippines.
No. Whether the conspirators are parents or
children, and the ones who learn the Elements: (Code: OAP)
conspiracy is a parent or child, they are
required to report the same. The reason is (a) that the offender enters any of the
that although blood is thicker than water so places mentioned therein;
to speak, when it comes to security of the (b) that he has no authority therefore; and
state, blood relationship is always
subservient to national security. Article 20 (c) that his purpose is to obtain
does not apply here because the persons information, plans, photographs or
found liable for this crime are not considered other data of a confidential nature
accessories; they are treated as principals. relative to the defense of the
Philippines. (Guevarra)
ART. 117. ESPIONAGE 2. By disclosing to the representative of a foreign

nation the contents of the articles, data or
What is espionage? information referred to in paragraph no. 1 of
Art. 117, which he had in his possession by
Espionage is the offense of gathering, reason of the public office he holds.
transmitting, or losing information
respecting the national defense with intent or
Page 45 of 97
Elements: (Code: PPD) 3. That the offender violates such regulation
(a) that the offender is a public Does national security include rebellion,
officer; sedition and subversion?
(b) that he has in his possession the
Yes. When we say national security, it should be
articles, data or information
interpreted as including rebellion, sedition and
referred to in paragraph no. 1 of
subversion. The Revised Penal Code does not treat
Art. 117, by reason of the public
rebellion, sedition and subversion as crimes
office he holds; and
against national security, but more of crimes
(c) that he discloses their contents to against public order because during the time that
a representative of a foreign the Penal Code was enacted, rebellion was carried
nation. out only with bolos and spears; hence, national
security was not really threatened. Now, the threat
of rebellion or internal wars is serious as a national
ART. 118 - INCITING WAR OR GIVING
threat.
MOTIVES FOR REPRISALS
Elements: (Code: PA) ART. 120. CORRESPONDENCE WITH

HOSTILE COUNTRY
1. That the offender performs unlawful
or unauthorized acts
Elements: (Code: WCPCC)
2. That such acts provoke or give
occasion for a war involving or liable 1. That it is in time of war in which the Phil.
to involve the Phil. or expose Filipino is involved
citizens to reprisals on their persons
2. That the offender makes correspondence
and property.
with the enemy country or territory
occupied by the enemy troops
Is the intention of the accused
3. That the correspondence is either
material in committing this crime?
a. Prohibited by the government
No. According to Viada, to be liable for
b. Carries on in ciphers or
inciting to war or giving motives for
conventional signs
reprisals, the intention of the accused is
immaterial. c. Containing notice or information
which might be useful to the enemy
ART. 119 VIOLATION OF

ART. 121. FLIGHT TO ENEMY’S COUNTRY
NEUTRALITY
Elements: (Code: WAAE)
What is neutrality?
1. That there is a war in which the Phil. is
A nation or power which takes no part in a
involve
contest of arms going on between others is
referred to as neutral. (Burril, L.D.) 2. That the offender must be owing allegiance
to the government
Elements of this crime: (Code: WRV) 3. That the offender attempts to flee or go to
enemy country
1. That there is a war in which in the
Phil. is not involved 4. That going to enemy country is prohibited
by the competent authority.
2. That there is a regulation issued by a
competent authority for the purpose
of enforcing neutrality
Page 46 of 97
In crimes against the law of nations, 3. That the offenders

where can the offenders be
a) attack that vessel, OR
prosecuted?
b) seize the whole or part of the cargo of said
In crimes against the law of nations, the vessel, its equipment or personal
offenders can be prosecuted anywhere in the belongings of its compliment or
world because these crimes are considered as passengers.
against humanity in general, like piracy and
mutiny. Crimes against national security can What is mutiny?
be tried only in the Philippines, as there is a
need to bring the offender here before he can It is the unlawful resistance to a superior officer, or
be made to suffer the consequences of the
the raising of commotions and disturbances on
law. The acts against national security may
board a ship against the authority of its
be committed abroad and still be punishable commander. (Bouvier’s Law Dictionary, Vol. 2, p.
under our law, but it cannot be tried under 2283)
foreign law.
What constitutes the crime of mutiny in the
high seas?
ART. 122. PIRACY IN GENERAL AND
MUTINY ON THE HIGH SEAS It is the unlawful resistance to a superior, or the
raising of commotions and disturbances on board
Modes or ways of committing piracy a ship against the authority of its commander; as
distinguished from piracy, offenders in piracy are
1.) By attacking or seizing a vessel on strangers to said vessels and with intent to gain.
the high seas
2.) By seizing in the vessel while on Define high seas.
high seas the whole or part of its Any waters on the sea coast which are without the
cargo, its equipment or personal boundaries of low-water mark, although such
belongings of its complement or waters may be in the jurisdictional limits of a
passengers foreign gov’t.
What is piracy? Piracy Mutiny

The persons who The persons who
It is robbery or forcible depredation on the attack a vessel or attack a vessel or
high seas, without lawful authority and done seize its cargo are seize its cargo are
with animo furandi and in the spirit and strangers to said members of the
intention of universal hostility. (People vs. vessels crew or
Lol-lo, et al., 43 Phil. 19) passengers
The offense was an offense is
Distinguish Piracy from Robbery on committed by committed by
the high seas. attacking or seizing refusal to
of the vessel or commander’s
When the offender is a member of the stealing orders
complement or a passenger of the vessel and
there is violence against or intimidation of
persons or force upon things in taking the
ART. 123. QUALIFIED PIRACY
property in the vessel, it is robbery; if the
offender is an outsider, it will be piracy.
Circumstances that qualify the crime of
ELEMENTS OF PIRACY: (Code: VMA) piracy or mutiny
1. That a vessel is on the high seas 1. Whenever they have seized the vessel by
boarding or firing upon the same
2. That the offenders are not members
of its complement or passengers of
the vessel
Page 47 of 97
2. Whenever the pirates have Camerino, CA-GR No. 14207-R, Dec. 14, 1956)
abandoned their victims without
means of saving themselves When is there a detention?
3. Whenever the crime is accompanied
by murder, homicide, physical A person is detained when he is placed in
injuries, or rape confinement or there is a restraint on his person.
(US v. Cabanag, 8 Phil. 64)
TITLE 2 – CRIMES AGAINST THE Distinguish Arbitrary Detention from

FUNDAMENTAL LAWS OF THE Illegal Detention.
STATE
In arbitrary detention, the principal
ART. 124. ARBITRARY DETENTION offender must be a public officer. Civilians
can commit the crime of arbitrary detention except
Classes of arbitrary detention when they conspire with a public officer
committing this crime, or become an accomplice
1. arbitrary detention by detaining a or accessory to the crime committed by the public
person without legal ground. (Art. officer; and the offender who is a public officer has
124, RPC); a duty which carries with it the authority to detain
2. delay in the delivery of detained a person.
persons to the proper judicial
authorities. (Art. 125, RPC); and While in illegal detention, the principal
3. delaying release. (Art. 126, RPC) offender is a private person. But a public
officer can commit the crime of illegal detention
Elements: (Code: PDW) when he is acting in a private capacity or beyond
the scope of his official duty, or when he becomes
1. That the offender is a public officer or an accomplice or accessory to the crime committed
employee by a private person. The offender, even if he is a
public officer, does not include as his function the
2. The he detains a person power to arrest and detain a person, unless he
3. That the detention is without legal conspires with a public officer committing
grounds arbitrary detention.
Can all public officers commit arbitrary

Legal grounds for the detention of detention?
persons
No. In the crime of arbitrary detention, although
1. The commission of the crime the offender is a public officer, not any public
2. Violent or other ailment requiring officer can commit this crime. Only those public
compulsory confinement of the officers whose official duties carry with it the
patient in a hospital authority to make an arrest and detain persons can
be guilty of this crime. So, if the offender does not
May a private individual be held liable possess such authority, the crime committed by
for arbitrary detention? him is illegal detention. A public officer who is
acting outside the scope of his official duties is no
As a general rule, the offender must be a better than a private citizen.
public officer to be held liable for arbitrary
detention. The public officer must be vested Distinguish Arbitrary Detention from
with authority to detain or order the Unlawful Arrest.
detention of persons accused of a crime, but
when they detain a person they have no legal As to offender: In arbitrary detention, the offender
grounds therefor. Exception to the rule is is a public officer possessed with authority to make
that private individual who conspired with arrests while in unlawful arrest; the offender may
public officers in detaining certain policemen be any person.
are guilty of arbitrary detention. (People v.
Page 48 of 97
As to criminal intent: In arbitrary detention, temporary release. The reason for this is that there
the main reason for detaining the offended is already a complaint or information filed against
party is to deny him of his liberty while in him with the court which issued the order or
unlawful arrest, the purpose is to accuse the warrant of arrest and it is not necessary to deliver
offended party of a crime he did not commit, the person thus arrested to that court.
to deliver the person to the proper authority,
and to file the necessary charges in a way What does “failure to deliver the person
trying to incriminate him. When a person is arrested to the proper judicial authorities”
unlawfully arrested, his subsequent mean?
detention is without legal grounds.
The delivery to the proper judicial authority of a
person arrested without warrant by a peace officer,
ART. 125. DELAY IN THE DELIVERY does not consist in a physical delivery, but in
OF DETAINED PERSONS TO THE making an accusation or charge or filing of an
PROPER JUDICIAL AUTHORITIES information against the person arrested with the
corresponding court or judge, whereby the latter
Elements: (Code: PDF) acquires jurisdiction to issue an order of release or
of commitment of the prisoner, because the
(1) that the offender is a public officer or arresting officer can not transfer to the judge and
employee; the latter does not assume the physical custody of
the person arrested. (Sayo vs. Chief of Police of
(2) that he has detained a person for Manila, 80 Phil. 859)
some legal ground; and
(3) that he fails to deliver such person to May a fiscal be held liable under this
the proper judicial authorities within: article?
(a) 12 hrs, for crimes or offenses As a general rule, the fiscal will not be responsible
punishable by light penalties, or for violation of said Art. 125 because he is not the
their equivalent; or one who has arrested and illegally detained the
(b) 18 hrs, for crimes or offenses person arrested, unless he has ordered or induced
punishable by correctional the arresting officer to hold and not release the
penalties, or their equivalent; or prisoner after the expiration of said period. (Sayo
vs. Chief of Police of Manila, 80 Phil. 863)
(c) 36 hrs, for crimes or offenses
punishable by afflictive or When a public officer may not be
capital penalties, or their responsible under Art. 125:
equivalent.
Under the Revised Rules of Court, when the
Does the period stated in Art. 125 of person arrested is arrested for a crime which gives
the RPC include nighttime? him the right to preliminary investigation and he
wants to avail his right to a preliminary
No. The period stated herein does not investigation, he would have to waive in writing
include the nighttime. It is to be counted his rights under Article 125 so that the arresting
only when the prosecutor’s office is ready to officer will not immediately file the case with the
receive the complaint or information. court that will exercise jurisdiction over the case.
If he does not want to waive this in writing, the
Does this article apply if the arrest is arresting officer will have to comply with Article
by virtue of a warrant? 125 and file the case immediately in court without
preliminary investigation. In such case, the
No. Art. 125 applies only when the arrest is arrested person, within five days after learning
made without warrant of arrest. But the that the case has been filed in court without
arrest must be lawful. If the arrest is made preliminary investigation, may ask for preliminary
with a warrant of arrest, the person arrested investigation. In this case, the public officer who
can be detained indefinitely until his case is made the arrest will no longer be liable for
decided by the court or he posts a bail for his violation of Article 125.
Page 49 of 97
Distinguish Art. 124 from Art. 125. ART. 127. EXPULSION
In Art. 124, the detention is illegal from the Acts punishable under Art. 127
beginning while in Art. 125, the detention is
legal in the beginning, but illegality starts 1. by expelling a person from the Philippines;
from the expiration of the specified periods and
without the persons detained having been 2. by compelling a person to change his
delivered to the proper judicial authority. residence.
Elements: (Code: PEA)

ART. 126 DELAYING RELEASE
1. that the offender is a public officer or
Acts punishable under Art. 126 employee;
2. that he expels any person from the
1. by delaying the performance of a
Philippines, or compels a person to change
judicial or executive order for the
his residence; and
release of a prisoner;
2. by unduly delaying the service of the 3. that the offender is not authorized to do so
notice of such order to said prisoner; by law.
and
3. by unduly delaying the proceedings May a trial court judge expel any person?
upon any petition for the liberation
of such person. No. the trial court judge has no authority to expel
any person from the Philippines, only the
Elements: (Code: PJW) President of the Philippines is authorized to deport
aliens. Trial court judge has the authority to
1. that the offender is a public officer or compel any person to change his residence upon
employee; final judgment only.
2. that there is a judicial or executive
order for the release of a prisoner or
detention prisoner, or that there is a ART. 128. VIOLATION OF DOMICILE
proceeding upon a petition for the
liberation of such person;
3. that the offender without good How is violation of domicile committed?
reason delays: (a) the service of the
notice of such order to the prisoner, It is committed by any public officer or employee
or (b) the performance of such who, not being authorized by judicial order, shall
judicial or executive order for the enter any dwelling against the will of the owner
release of the prisoner, or (c) the thereof, search papers or other effects found
proceedings upon a petition for the therein without the previous consent of such
release of such person. owner, or, having surreptitiously entered said
dwelling, and being required to leave the
premises, shall refuse to do so.
Who are the offenders under this
article? What are the ways of committing the
violation of Art. 128? (Code: ESR)
The public officers who are most likely to
commit the offense penalized in Art. 126 are 1. Entering any dwelling against the will of
the wardens and peace officers temporarily the owner
in charge of prisoners or detained persons.
2. Searching papers or others found therein
without the previous consent of such owner
Page 50 of 97
3. Refusing surreptitiously entered said the application therefor, or through other

dwelling and after having required to evidence, that the applicant had every reason to
leave the same. believe that the search warrant sought for was
unjustified.
What are the circumstances that
May perjury be complexed with the crime
qualify the offense?
of search warrant maliciously obtained?
1. if the offense is committed at
No. Even if the crime of perjury was a necessary
nighttime; or
means for committing the crime of search warrant
2. if any papers or effects not
maliciously obtained, they cannot form a complex
constituting evidence of a crime are
crime. They are separate and distinct crimes to be
not returned immediately after the
punished with their respective penalties because of
search made by the offender.
the phrase “in addition to the liability attaching to
the offender for the commission of any other
offense.”
article?
Elements of exceeding authority or using
Article 128 is limited to public officers. The
unnecessary severity in executing a search
public officers who may be liable for crimes
warrant legally procured: (Code: PLE)
against the fundamental laws are those who
are possessed of the authority to execute
1. that the offender is a public officer or
search warrants and warrants of arrests.
employee;
2. that he has legally procured a search
ART. 129. SEARCH WARRANTS warrant; and
MALICIOUSLY OBTAINED AND 3. that he exceeds his authority or uses
ABUSE IN THE SERVICE OF THOSE unnecessary severity in executing the same.
LEGALLY OBTAINED
Acts punishable in connection with ART. 130 SEARCHING DOMICILE

search warrants WITHOUT WITNESS
1. by procuring a search warrant Elements: (Code: PSO)
without just cause; and
2. by exceeding his authority or by 1. That the offender is a public
using unnecessary severity in
officer/employee
executing a search warrant legally
procured. 2. That he searches the domicile, papers or
other belongings of any person
Elements: (Code: PPJ) 3. That the owner or any member is his
family, or two witnesses residing in the
1. that the offender is a public officer or same locality are not present
employee;
2. that he procures a search warrant;
ART. 131. PROHIBITION, INTERRUPTION,
and
DISSOLUTION OF PEACEFUL MEETINGS
3. that there is no just cause.
Acts punishable under Art 131 (Code: PHP)
When is search warrant said to have
been procured without just cause? 1. Prohibiting or interrupting, without legal
ground the holding of a peaceful meeting,
A search warrant is said to have been or by dissolving the same
procured without just cause when it appears
on the face of the affidavits filed in support of
Page 51 of 97
2. Hindering any person from joining peaceful disturbance

any lawful association or from meeting or of any sort in
attending any of its meetings. assembly to a public
3. Prohibiting or hindering any person prevent the office, public
offended building or
from addressing, either alone or to
party from even a private
together with others, any petition to
the authorities for the correction of exercising his place where a
abuses or redress of grievances. freedom of public
speech and function is
that of the being held.
What constitutes a violation of assembly to
paragraph 1 of Art. 131? (Code: ML) petition a
grievance
1. the meeting must be peaceful, and against the
2. there is no legal ground for government
prohibiting, or interrupting or
dissolving that meeting.
ART. 132. INTERRUPTION OF RELIGIOUS
What are the criteria in determining WORSHIP
whether Art. 131 is violated?
Elements: (Code: PRP)
1. Dangerous tendency rule, which
is applicable in times of national 1. That the offender is a public
unrest such as to prevent coup d’etat. officer/employee
2. Clear and present danger rule,
which is applied in times of peace. 2. That the religious ceremonies or
manifestations of any religion are about to
Distinguish Art. 131 from Art. 153. take place or are going on that the offender
prevents/disturbs the same
Art 131 Art 153 3. that the offender prevents or disturbs the
As to the In Article 131, If the public same.
participation the public officer is a
of the public officer is NOT participant • Qualified by violence or threats
officer a participant. of the
As far as the assembly and
gathering is he prohibits,
concerned, interrupts, or ART. 133. OFFENDING RELIGIOUS
the public dissolves the FEELINGS
officer is a same, Article
third party 153 is Elements: (Code: PCN)
violated if the
same is 1. That the acts complained of were
conducted in performed:
a public
a. In a place devoted to religious worship
place.
(not necessary that there is religious
As to the In Article 131, In Article
worship), or
essence of the offender 153, the
the crime must be a offender need b. During the celebration of any religious
public officer not be a ceremony
and, without public officer.
2. That the acts must be notoriously offensive
any legal The essence
to the feelings of the faithful
ground, he of the crime
prohibits, is that of
interrupts, or creating a
dissolves a serious
Page 52 of 97
Distinguish Art. 132 from Art. 133. sedition or

rebellion
Art 132 Art 133
The offender must The offender may
be a public officer be anybody TITLE 3 – CRIMES AGAINST PUBLIC
a religious there is no need ORDER
ceremony is about that a religious
to take place or ceremony is about
are going on to take place or ART. 134. REBELLION/ INSURRECTION
are going on
the acts the acts Elements of rebellion: (Code: PTTRBD)
committed by the committed by the
offender must not offender must be 1) That there be:
be notoriously notoriously
offensive to the offensive to the (a) public uprising, and
feelings of the feelings of the (b) taking arms against the Gov’t.
faithful faithful.
2) That the purpose of the uprising or movements
is either-
What is a religious ceremony?
i) To remove from the allegiance to said
Religious ceremonies are those religious government or its
acts performed outside of a church, such as
ii) The territory of the Phil.
processions and special prayers for burying
dead persons. (Albert) iii) Any body of land, naval or other armed
forces
Nature Who are If Element
iv) to deprive the Chief Executive or
of Liable Missing
Congress, wholly or partially, of any of
Crime
their powers or prerogatives.
Art.131 Crime Public If not by
against officers, public
the Outsiders officer - Distinguish Rebellion from Insurrection.
fundam tumults
ental Rebellion is more frequently used where the object
law of of the movement is completely to overthrow and
the state supersede the existing government; while
Art.13 Crime Public If by insider insurrection is more commonly employed in
2 against officers, - unjust reference to a movement which seeks merely to
the Outsiders vexation effect some change of minor importance, or to
fundam If not prevent the exercise of governmental authority
ental religious - with respect to particular matters of subjects
law of tumult or (Reyes, citing 30 Am. Jr. 1).
the state alarms
If not Distinguish Rebellion from Treason.
notoriously
offensive - Rebellion is a crime against public order while
unjust treason is a crime against national security. The
vexation levying of war against the Government would
Art.13 Crime Public If not constitute treason when performed to aid the
3 against officers, tumults - enemy. It would also constitute an adherence to
public private alarms and the enemy, giving him aid and comfort. (US vs.
order persons, scandal Lagnason, 3 Phil. 472) The levying of war against
outsiders If meeting the Government during peace time for any of the
illegal at purposes mentioned in Art. 134 is rebellion.
onset -
inciting to
Page 53 of 97
Rebellion always involves taking arms that there is a swift

against the government while treason may be attack
committed by mere adherence to the enemy Purpose is to Purpose is to seize or
giving him aid or comfort. remove allegiance diminish state power
from the govt
Is there an attempted or a frustrated and/or deprive the
stage in rebellion? Chief Executive of
their power or
None. Rebellion is always in consummated prerogatives
stage.
ART. 135. PENALTY FOR REBELLION OR

ART. 134 – A – COUP D’ETAT INSURRECTION
Elements: (Code: MAP) Who are liable for rebellion / coup d’etat
1. that the offender is a person or 1. Any person who a) promotes, b) maintains, c)

persons belonging to the military or or heads a rebellion or resurrection (Code:
police or holding any public office or PMH)
employment;
2. Any person who, while holding any public
2. that it is committed by means of a office or employment, takes part therein
swift attack accompanied by violence,
intimidation, threat, strategy or a. Engaging in war against the forces of the
stealth; gov’t.
3. that the attack is directed against b. Destroying property or committing serious

duly constituted authorities of the violence
Republic of the Philippines or any c. Exacting contributions or diverting public
military camp or installation, funds from the lawful purpose of which
communication networks, public they have been appropriated (Code: EDE)
utilities or other facilities needed for
3. Any person merely participating or executing
the exercise and continued
the command of others in a rebellion
possession of power; and
4. that the purpose of the attack is to
seize or diminish state power.
ART. 137. DISLOYALTY OF PUBLIC
OFFICERS/EMPLOYEES
What are the instances wherein
civilian maybe charged of coup d’etat? Punishable acts of disloyalty (Code: FCA)
1. when the civilian conspires with 1. Failing to resist a rebellion by all means in
military officers and their power
2. when the civilian finances, supports, 2. Continuing to discharge the duties of their
abets or aids the military officers. offices under the control of the rebels
3. Accepting appointment to office under
Distinguish Rebellion from Coup d’ them
etat.
REBELLION COUP D’ETAT May a private individual be held

There is a public There is no need of responsible under this article?
uprising and/or public uprising/and
taking arms against or taking arms No. The offender must be a public officer or
the government against the govt; employee. If a private individual accepts an
what is important is
Page 54 of 97
appointment to office under the rebels, he is b. To prevent the national government or

not liable under this article. any provincial or municipal government
or any public officer from freely
exercising its or his functions or
ART. 138 – INCITING TO prevents the execution of any
REBELLION/INSURRECTION administrative order.
Elements: (Code: TIM) c. To inflict any act of hate or revenge

upon the person or property of any
1. That the offender does not take arms public office officer/employee
or is not in open hostility against the
government d. To commit, for any political or social
end, any act of hate or revenge against
2. The he incites others to the private persons or any social class
execution of any of the acts of
rebellion e. To despoil, for any political or social
3. That the inciting is done by means of end, any person, municipality or
speeches, proclamations, writings, province, or the national government of
emblems, banners or other all its property or any part thereof
representations tending to the same
end. Are common crimes absorbed in sedition?
No. Common crimes committed in that case were

Inciting to Proposal to independent of each other. (People vs. Umali, 96
rebellion commit rebellion Phil. 185)
it is not required the person who
that the offender has proposes has When is it considered tumultuous?
decided to commit decided to commit
rebellion rebellion It is tumultuous when it is caused by more than
the act of inciting is the person who three persons who are armed or provided with the
done publicly proposes the means of violence.
execution of the
crime uses secret
means ART. 140. PENALTY FOR SEDITION
Persons liable for sedition

ART. 139 – SEDITION
a. The leader of the sedition
Elements: (Code: PEPPICD) b. Other persons participating in the sedition
1. That the offender rise publicly and

tumultuously ART. 142. INCITING TO SEDITION
2. That they employ force, Acts punishable as inciting to sedition
intimidation, or other means outside (Code: IUW)
of legal methods
a. Inciting others to the accomplishment of
3. That the offenders employ any of any of the acts which constitute by means
those means to attain any of the ff. of speeches, proclamations, writings,
objects: emblems (inciting people to rise publicly
and tumultuously)
a. To prevent the promulgation or
execution of any law or the holding b. Uttering seditious words or speeches which
of any popular election tend to disturb the public peace
Page 55 of 97
c. Writing, publishing or circulating Assembly or any of its committees or

scurrilous libels against the subcommittees, constitutional
government or any of the duly commissions or committees or divisions or
constituted authorities, which tend to of any provincial board or city or municipal
disturb the public peace council or board
2) That the offender who may by any person
Elements: (Code: DII)
prevents such meeting by force or fraud
1. that the offender does not take direct
part in the crime of sedition;
2. that he incites others to the ART. 146. ILLEGAL ASSEMBLIES
accomplishment of any of the acts
which constitute sedition; and Forms of illegal assembly
3. that the inciting is done by means of 1. Any meeting attended by armed persons for
speeches, proclamations, writings, the purpose of committing any of the crimes
emblems, cartoons, banners, or other punishable under the Code
representations tending to the same
end. Elements: (Code: MAP)
When will uttering seditious words or a. that there is a meeting, a gathering or

speeches and writing, publishing or group of persons, whether in a fixed place
circulating scurrilous libels be or moving;
punishable? (Code: DISL) b. that the meeting is attended by armed
persons; and
a. they tend to disturb or obstruct any
lawful officer in executing the c. that the purpose of the meeting is to
functions of his office; commit any of the crimes punishable under
the code.
b. they tend to instigate others to cabal
and meet together for unlawful
purposes; or 2. Any meeting in which the audience, whether
armed or not, is incited to the commission of
c. they suggest or incite rebellious the crime of treason, rebellion or insurrection,
conspiracies and riots; or sedition or assault upon a person in authority.
d. they lead or tend to stir up the people
against the lawful authorities or to Elements: (Code: MA)
disturb the peace of the community,
the safety and order of the a. there is a meeting, a gathering or group of
government. (Art. 142, 2nd part) persons, whether in a fixed place or
moving; and
Rules relative to seditious words: b. that the audience, whether armed or not, is
incited to the commission of the crime of
(1) the clear and present danger rule; and treason, rebellion or insurrection, sedition
(2) the dangerous tendency rule. or direct assault.
Distinguish Meeting of the 1st form from

ART. 143 – ACTS TENDING TO meeting of the 2nd form.
PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES MEETING (FIRST MEETING (2ND
FORMS) FORM)
Elements: (Code: PP) Meeting must be Meeting may be
attended by armed attended by persons
1) That there be a projected meeting or persons either armed or not
actual meeting of the National The purpose of the The purpose of the
Page 56 of 97
meeting is to commit meeting is to incite 2. Association totally or partially organized

any crime for the commission for some purpose contrary to public
punishable under of treason, rebellion, morals.
the RPC insurrection, Persons liable for illegal association
sedition or assault
upon person in
The persons liable for illegal association are the
authority founders, directors, president and members of any
association totally or partially organized, (1) for
the purpose of committing any of the crimes
Persons liable for illegal assembly punishable under RPC, or (2) for some purpose
contrary to public morals.
1. organizers or leaders of the meeting;
and Illegal Illegal
2. persons merely present at the Association Assembly
meeting.
As to actual it is not it is
meeting necessary necessary
Persons merely present at the meeting
taking place that there be that there is
must have a common intent to commit
an actual an actual
the felony of illegal assembly
meeting meeting or
assembly or
It is necessary that the audience is
armed
actually incited. If in the meeting the
persons for
audience is incited to the commission of
the purpose
rebellion or sedition, the crimes
of
committed are illegal assembly as regards
committing
to the organizers or leaders or persons
any of the
merely present and inciting to rebellion
crimes
or sedition insofar as the one inciting
punishable
them is concerned.
under the
Code, or of
Is there an illegal assembly when the
individuals
unlawful purpose of the meeting is
who,
violative of a special law?
although not
armed, are
No. If unlawful purpose is a crime under a
incited to the
special law, there is no illegal assembly. For
commission
example, the gathering of drug pushers to
of treason,
facilitate drug trafficking is not illegal
rebellion,
assembly because the purpose is not violative
sedition, or
of the Revised Penal Code but of The
assault upon
Dangerous Drugs Act of 1972, as amended,
a person in
which is a special law.
authority or
his agent.
ART. 147. ILLEGAL ASSOCIATIONS As to act it is the act of it is the
punishable forming or meeting and
What are illegal associations? organizing attendance
and at such
1. Association totally or partially membership meeting that
organized for the purpose of in the are punished
committing any of the crimes association
punishable under the Code that are
punished
As to (a) the (a) the
persons organizers or founders,
Page 57 of 97
liable leaders of the directors and a. is engaged in the actual performance of

meeting and president, official duties, or that he is assaulted
(b) the and (b) the b. by reason of the past performance of
persons members. official duties;
present at
meeting c. that the offender knows that the one he
is assaulting is a person in authority or
his agent in the exercise of his duties;
ART. 148 – DIRECT ASSAULTS and
d. that there is no public uprising.
Ways of committing the crime of direct
assaults:
Is knowledge of the accused that the victim
1. Without public uprising, by is a person in authority or his agent
employing force or intimidation for essential?
the attainment of any purposes
enumerated in defining the crimes of Yes. The accused assaulting must have knowledge
sedition and rebellion that the offended party was a person in authority
or his agent in the exercise of his duties, because
2. Without public uprising, by attacking, the accused must have the intention to offend,
by employing force or seriously injure or assault the offended party as a person in
intimidating or by seriously resisting authority or agent of authority. (People v.
any person in authority or any of his Villaseñor, 35 SCRA 460)
agents, while engaged in the
performance of official duties, or on What does “on occasion of such
the occasion of such performance. performance” mean?
Elements of the 1st form of direct The phrase “on occasion of such performance”
assault: (Code: EAN) means that the impelling motive of the attack is
the performance of official duty. The words “on
1. that the offender employs force or occasion” signify “because” or “by reason” of the
intimidation; past performance of official duty, even if at the
very time of the assault no official duty was being
2. that the aim of the offender is to discharged. (Justo v. Court of Appeals, 99 Phil.
attain any of the purposes of the 453)
crime of rebellion or any of the
objects of the crime of sedition; and Two kinds of direct assault of the 2nd form:
3. that there is no public uprising.
1. simple assault; and
2. qualified assault.
Elements of the 2nd form of direct
assault: When is direct assault qualified? (Code:
WPP)
1. that the offender: (Code: AFSS)
a. makes an attack 1. when the assault is committed with a
weapon;
b. employs force,
2. when the offender is a public officer or
c. makes a serious intimidation, or employee; or
d. makes a serious resistance; 3. when the offender lays hands upon a
2. that the person assaulted is a person in person in authority.
authority or his agent;
3. that at the time of the assault the person
in authority or his agent (Code: ERKN)
Page 58 of 97
Is slight physical injuries absorbed in 1. that a person in authority or his agent is

the crime of direct assault? engaged in the performance of official duty
or gives a lawful order to the offender;
Yes. The crime of slight physical injuries is
2. that the offender resists or seriously
absorbed in the crime of direct assault as the
disobeys such person in authority or his
same is the necessary consequence of the
agent; and
force or violence inherent in all kinds of
assault. (People vs. Acierto, 57 Phil. 614) 3. that the act of the offender is not included
in the provisions of Arts. 148, 149 and 150.
ART. 149. INDIRECT ASSAULT Elements of simple disobedience: (Code:

ADD)
Elements: (Code: PAM)
1. that a person in authority or his agent 1. that an agent of a person in authority is

is the victim of any of the forms of engaged in the performance of official duty
direct assault defined in Art. 148; or gives a lawful order to the offender;
2. that a person comes to the aid of such 2. that the offender disobeys such agent of a
authority or his agent; and person in authority; and
3. that the offender makes use of force 3. that such disobedience is not of a serious
or intimidation upon such person nature.
coming to the aid of the authority or
his agent. RESISTANCE OR
DIRECT
Can be committed only when a direct SERIOUS
• ASSAULT
assault is also committed. DISOBEDIENCE
The person in The person in authority
• Offended party may be a private person, authority or his or his agent must be in
any person who comes to the aid of a agent must be actual performance of
person in authority or his agent engaged in the his duties
performance of
May a private person be the offended official duties OR
party in indirect assault? That he is
assaulted by
Yes. It will be noted that Art. 149 states that reason thereof
the use of force or intimidation must be Direct Assault (2nd Committed only by
made “upon any person coming to the aid of form) is resisting or seriously
the authorities or their agents.” A private committed in 4 disobeying a person in
person who comes to the rescue of an ways authority or his agent
authority or his agent enjoys the privileges of Force is employed Force is employed but
the latter, and any person who uses force or the use of such force
intimidation upon such person under the and resistance is not so
circumstances is guilty of atentado (assault) serious, as there is no
under Art. 149. (Guevara) manifest intention to
defy the law and the
officers enforcing it.
ART. 151. RESISTANCE AND
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF ART. 152. PERSONS IN AUTHORITY &
SUCH PERSON AGENTS OF PERSONS IN AUTHORITY
Elements of resistance and serious Who is a person in authority?

disobedience: (Code: PRA)
Any person directly vested with jurisdiction,
whether as an individual or as a member of some
Page 59 of 97
court or government owned or controlled 4. displaying placards or emblems which

corp. board, or commission provoke a disturbance of public order in
such place; and
Persons in authority
5. burying with pomp the body of a person
who has been legally executed.
• Municipal mayor
• Division superintendent of schools
• Public and private school teachers Distinguish Inciting to Sedition or
• Teacher-nurse Rebellion from Public Disorder.
• Pres. Of sanitary division
For an outcry or the displaying of emblems or
• Provincial fiscal
placards to constitute inciting to commit rebellion
• Justice of peace or sedition, it is necessary that the offender should
• Municipal councilor have done the act with the idea aforethought of
• Barrio capt. And brgy. chair inducing his hearers or readers to commit the
crime of rebellion or sedition but if the outcry is
Note: professors are persons in authority more or less unconscious outburst which, although
under 148 and 151 not in 149 (indirect rebellious or seditious in nature, is not
assault) intentionally calculated to induce others to commit
rebellion or sedition, it is only public disorder.
Who is an agent of a person in
authority? What is the meaning of “tumultuous?”
Any person who by direct provision of law or The disturbance or interruption shall be deemed to
by election or by appointment by competent be tumultuous if caused by more than three
authority, is charged with the maintenance of persons who are armed or provided with means
public order and the protection and security of violence.
of life and property, such as brgy.
councilman, brgy. policeman brgy. leader,
officers and members of the brgy. ART. 154. – UNLAWFUL USE OF MEANS
community brigades, any person who comes OF PUBLICATION & UNLAWFUL
to the aid of persons in authority. A brgy. UTTERANCES
capt. and a brgy. chair are also deemed as
persons in authority.
Acts punished as unlawful use of means of
publication and unlawful utterances (Code:
PEMP)
ART. 153. TUMULTS AND OTHER
DISTURBANCES OF PUBLIC ORDER 1. by publishing or causing to be published,
by means of printing, lithography or any
What are tumults and other other means of publication, as news any
disturbances of public order? (Code: false news which may endanger the public
SIMDB) order, or cause damage to the interest or
credit of the State;
1. causing any serious disturbance in a
public place, office or establishment; 2. by encouraging disobedience to the law or
to the constituted authorities or by
2. interrupting or disturbing praising, justifying or extolling any act
performances, functions or punished by law, by the same means or by
gatherings, or peaceful meetings, if words, utterances or speeches;
the act is not included in Arts. 131 and
132; 3. by maliciously publishing or causing to be
published any official resolution or
3. making any outcry tending to incite document without proper authority, or
rebellion or sedition in any meeting, before they have been published officially;
association or public place; and
Page 60 of 97
4. by printing, publishing or ART. 157. EVASION OF SERVICE OF

distributing (or causing the same) SENTENCE
books, pamphlets, periodicals, or
leaflets which do not bear the real Elements: (Code: CSE)
printer’s name, or which are classified
as anonymous. 1. that the offender is a convict by final
judgment;
ART. 155 – ALARMS & SCANDALS 2. that he is serving his sentence which
consists in deprivation of liberty; and
Acts punished as alarms and scandals
3. that he evades the service of his sentence
(Code: DIDC)
by escaping during the term of his
sentence.
1. discharging any firearm, rocket,
firecracker, or other explosive within
any town or public place, calculated Circumstances qualifying the offense
to cause (which produces) alarm or
danger; If such evasion or escape takes place – (Code:
MBUC)
2. instigating or taking an active part in
any charivari or other disorderly
1. by means of unlawful entry;
meeting offensive to another or
prejudicial to public tranquility; 2. by breaking doors, windows, gates, walls,
roofs or floors;
3. disturbing the public peace while
wandering about at night or while 3. by using picklocks, false keys, disguise,
engaged in any other nocturnal deceit, violence or intimidation; or
amusements; and 4. through connivance with other convicts or
4. causing any disturbance or scandal in employees of the penal institution.
public place while intoxicated or
otherwise, provided Art. 153 is not
applicable.
Art. 159 – VIOLATION OF CONDITIONAL
PARDON
ART. 156. – DELIVERING PRISONERS Elements: (Code: CGV)

FROM JAILS
1. that the offender was a convict;
Elements: (Code: PR)
2. that he was granted a conditional pardon
by the Chief Executive; and
1. that there is a person confined in a
jail or penal establishment; and 3. that he violated any of the conditions of
such pardon.
2. that the offender removes therefrom
such person, or helps the escape of
such person. Distinguish Violation of Conditional
Pardon from Evasion of Service of Sentence
by Escaping.
article?
Violation of conditional pardon does not cause
harm or injury to the right of other person nor
The guard of the jail, who is off duty, may be
does it disturb the public order; it is merely an
held liable for delivering prisoner from jail. infringement of the terms stipulated in the
(People vs. Del Barrio, et. al., CA, 60 OG
contract between the Chief Executive and the
3908)
criminal while evasion of the service of the
sentence is an attempt at least to evade the penalty
inflicted by the courts upon criminals and thus
Page 61 of 97
defeat the purpose of the law of either TITLE 4 – CRIMES AGAINST PUBLIC
reforming or punishing them for having INTEREST
disturbed the public order. (Alvarez vs.
Director of Prisons, 80 Phil. 43)
Art. 171 – FALSIFICATION BY PUBLIC
OFFICERS
ART. 160 – QUASI RECIDIVISM
Quasi-recidivism is a special aggravating Elements: (Code: PAFE)

circumstance where a person, after having
been convicted by final judgment, shall 1. that the offender is a public officer,
commit a new felony before beginning to employee or notary public;
serve such sentence, or while serving the
2. that he takes advantage of his official
same. He shall be punished by the maximum
position;
period of the penalty prescribed by law for
the new felony. 3. that he falsifies a document by committing
any of the following acts: (Code:
Elements: (Code: CC) CCAMAMII)
a. counterfeiting or imitating any
1. that the offender was already
handwriting, signature or rubric;
convicted by final judgment of one
offense; and b. causing it to appear that persons
have participated in any act or
2. that he committed a new felony proceeding when they did not in
before beginning to serve such
fact so participate;
sentence or while serving the same.
c. attributing to persons who have
participated in an act or proceeding
Distinguish Recidivism from Quasi-
statements other than those in fact
Recidivism made by them;
QUASI- d. making untruthful statements in a
RECIDIVISM narration of facts;
RECIDIVISM
The convictions of The convictions are e. altering true dates;
the offender are for not for the crimes
crimes embraced in embraced in the f. making any alteration or
the same title of the same Title of the intercalation in a genuine
RPC RPC, provided that it document which changes its
is a felony that was meaning;
committed by the g. issuing in authenticated form a
offender before document purporting to be a copy
serving sentence by of an original document when no
final judgment for such original exists, or including in
another crime or such copy a statement contrary to,
while serving or different from, that of the
sentence for another genuine original; and
crime
This circumstance is This circumstance is h. intercalating any instrument or
generic aggravating a special aggravating note relative to the issuance thereof
and therefore can be circumstance which in a protocol, registry or official
offset by an ordinary cannot be offset by book; and
mitigating any mitigating 4. in case the offender is an ecclesiastical
circumstance circumstance minister, the act of falsification is
committed with respect to any record or
document of such character that its
Page 62 of 97
falsification may affect the civil status Requisites of par. 3:

of persons.
1. that a person or persons participated in an
When can we say that the offender
act or a proceeding;
took advantage of his official position
in falsifying a document? 2. that such person or persons made
statements in that act or proceedings; and
When:
3. that the offender, in making document,
attributed to such person or persons
1. he has the duty to make or prepare or statements other than those in fact made
otherwise to intervene in the by such person or persons.
preparation of the document; or
2. he has the official custody of the Requisites of par. 4:
document which he falsifies (People
v. Santiago Uy, 53 OG 7236)
1. that the offender makes in a document
statements in a narration of facts;
Ways of committing falsification
2. that he has a legal obligation to disclose the
under paragraph 1 of Art. 171:
truth of the facts narrated by him;
1. counterfeiting, which is imitating any 3. that the facts narrated by the offender are
handwriting, signature or rubric; and absolutely false; and that the perversion of
truth in the narration of facts was made
2. feigning, which is simulating a
with the wrongful intent of injuring a third
signature, handwriting or rubric out
person.
of one which does not in fact exist.
Under par. 5 of Art. 171, is there a need that

Requisites of counterfeiting:
the date altered essential?
1. that there be an intent or an attempt
Yes. There is falsification under this paragraph
to imitate; and
only when the date mentioned in the document is
2. that the two signatures or essential. The alteration of the date or dates in a
handwritings, the genuine and the document must affect either the veracity of the
forged, bear some resemblance to document or the effects thereof. (People v.
each other. (US v. Rampas, 20 Phil. Reodica and Cordero, 62 Phil. 567)
189)
Requisites of par. 6:
Is there a need that the signature of
1. that there be an alteration (change) or
the offended party be imitated?
intercalation (insertion) on a document;
No. The imitation of the signature of the 2. that it was made on a genuine document;
offended party is not necessary in
3. that the alteration or intercalation has
falsification under par. 2 of Art. 171. (People
changed the meaning of the documents;
v. De la Llave, C.A., 40 OG 1908)
and
Requisites of par. 2: 4. that the change made the document speak
something false.
1. that the offender caused it to appear
in a document that a person or
May a private individual be held liable
persons participated in an act or a under this article?
proceeding; and
2. that such person or persons did not Yes. A private person who cooperates with a
in fact so participate in the act or public officer in the falsification of a public
proceeding. document is guilty of the crime and incurs the
Page 63 of 97
same liability and penalty as the public Elements of falsification of private

officer. (US v. Ponte, 20 Phil. 379) document:
1. that the offender committed any of the acts

Art. 172 – FALSIFICATION BY of falsification, except those in par. 7,
PRIVATE INDIVIDUALS enumerated in Art. 171;
2. that the falsification was committed in any
private document; and
Acts punished under Art. 172 (Code:
PPU) 3. that the falsification caused damage to a
third party or at least the falsification was
1. falsification of public, official, committed with intent to cause such
commercial document by a private damage.
individual;
2. falsification of private document by Distinguish Falsification of public or
any person; and official documents from Falsification of
private documents.
3. use of falsified document.
Elements of falsification under par. 1 FALSIFICATION OF FALSIFICATION OF

of Art. 172 (Code: PCF) PUBLIC/OFFICIAL PRIVATE
DOCUMENTS DOCUMENTS
1. that the offender is a private The principal thing Prejudice to a third
individual or a public officer or punished is the party is primarily taken
employee who did not take advantage violation of public faith into account so that if
of his official position; and the perversion of such damage is not
truth which the apparent, or there is at
2. that he committed any of the acts of document solemnly least no intention to
falsification enumerated in Art. 171; proclaims, and for this cause it, the
and reason, it is immaterial falsification is not
3. that the falsification was committed whether or not some punishable
in a public or official or commercial prejudice has been
document. caused to third persons
Elements of use of falsified document:

Is damage or intent to cause damage
essential element in falsification of 1. that the offender knew that a document
private and public document?
was falsified by another person;
Yes. Damage or intent to cause damage is 2. that the false document is embraced in Art.
an essential element in Falsification of 171 or in any subdivisions No. 1 or 2 of Art.
private documents. This is not true however 172; and
in Falsification of public, official or 3. that he introduced said document in
commercial documents, the reason being evidence in any judicial proceeding.
that what is being punished in the latter
offense is the violation of the public faith and
the perversion of truth as therein solemnly The elements of use in any other
proclaimed. transaction are: (Code: KEUU)
1. that the offender knew that a document

was falsified by another person;
2. that the false document is embraced in Art.
171 or in any of subdivision No. 1 or 2 of
Art. 172;
Page 64 of 97
3. that he used such document (not in Art. 178 – USING FICTITIOUS NAMES AND
judicial proceeding); and CONCEALING TRUE NAME
4. that the use of the false document
caused damage to another or at least Elements under paragraph 1 of Art. 178:
it was used with intent to cause such (Code: UFPD)
damage.
1. that the offender uses a name other than
his real name;
Art. 177 – USURPATION OF
AUTHORITY OR OFFICIAL 2. that he uses that fictitious name publicly;
FUNCTIONS and
3. that the purpose of the offender is
What are offenses contemplated in
(a) to conceal a crime;
Art. 177?
(b) to evade the execution of a judgment; or
Two offenses are contemplated in Art. 177 – (c) to cause damage to public interest.
usurpation of authority, covered by the first
portion thereof; and usurpation of official
functions, covered by the second portion. Elements under paragraph 2 of Art. 178:
(People vs. Belarmino, CA, 58 OG 6284)
1. that the offender conceals –
Ways of committing the crime under a. his true names; and
Article 177:
b. all other personal circumstances;
and
1. by knowingly and falsely
representing oneself to be an officer, 2. that the purpose is only to conceal his
agent or representative of any identity.
department or agency of the
Philippine Government or any foreign Distinguish Use of fictitious name from
government; and Concealing true name.
2. by performing any act to any person
in authority or public officer of the
Philippine Government or of a USE OF
CONCEALING TRUE
foreign government or any agency FICTITIOUS
NAME
thereof, under pretense of official NAME
position, and without being lawfully Element of publicity Element of publicity is
entitled to do so. must be present not necessary
Purpose is any of the Purpose is merely to
following, to conceal a conceal identity
Requisites in order to be held liable
crime, to evade the
under this article:
execution of a
judgment or to cause
The offender:
damage
Subject is only the Subject is both the
1. should have represented himself to
name of the person name and other
be an officer, agent or representative
personal circumstances
of any department or agency of the
government; or
2. should have performed an act

pertaining to a person in authority or
public officer.
Page 65 of 97
Art. 182 – FALSE TESTIMONY IN 3. that in that statement or affidavit, the

CIVIL CASES accused made a willful and deliberate
assertion of a falsehood; and
Elements: (Code: TTDM) 4. that the sworn statement or affidavit
containing the falsity is required by law.
1. that the testimony must be given in a (People vs. Bautista, CA., 40 OG 2491)
civil case;
2. that the testimony must relate to the What is the meaning of material matter?
issues presented in said case;
3. that the testimony must be false; It is the main fact which is the subject of the
inquiry or any circumstance which tends to prove
4. that the false testimony must be given that fact or any fact or circumstance which tends
by the defendant knowing the same to corroborate or strengthen the testimony relative
to be false; and to the subject of inquiry, or which legitimately
5. that the testimony must be malicious affects the credit of any witness who testifies.
and given with an intent to affect the
issues presented in said case. (US vs. What is subornation of perjury?
Aragon, 5 Phil. 469)
Subornation of perjury is committed by a person
who knowingly and willfully procures another to
Is Art. 182 applicable when the false swear falsely and the witness suborned does
testimony is given in special testify under circumstances rendering him guilty
proceedings? of perjury. (US vs. Ballena, 18 Phil. 382)
No. Art. 182 applies only to ordinary civil
cases, as contemplated in Sec. 1, Rule 2 of the TITLE 5 – CRIMES RELATIVE TO OPIUM
Rules of Court, and does not apply to special AND OTHER PROHIBITED DRUGS as
proceedings, such as the summary amended by RA 9165 COMPREHENSIVE
settlement of estates of small value, under DANGEROUS DRUGS ACT OF 2002
Sec. 2, Rule 74 of the Rules of Court, which
may fall under the category of “other cases”
contemplated in Art. 183.
What are acts punished under RA 9165?
(Code: ISMEMIMPPPPUCMU)
Art. 183 – FALSE TESTIMONY IN
1. Importation of DD and/or Controlled
OTHER CASES & PERJURY
Precursors and Essential Chemicals (Sec 4)
2. Sale, trading, administration, dispensation,

Ways of committing perjury: (Code: delivery, distribution and transportation of
OA) DD and CPEC
1. by falsely testifying under oath; and 3. Maintenance of a den, dive or resort
2. by making a false affidavit. 4. Employees and visitors of den, dive or
resort
Elements: (Code: SCWS)
5. Manufacture of DD or CPEC
1. that the accused made a statement
under oath or executed an affidavit 6. Illegal Chemical Diversion of CPEC
upon a material matter;
2. that the statement or affidavit was 7. Manufacture or delivery or equipment,
made before a competent officer, instrument, apparatus, and other
authorized to receive and administer paraphernalia for DD or CPEC
oath; 8. Possession of DD
Page 66 of 97
4. That the act or acts complained of be

9. Possession of equipment, instrument, committed in a public place within the
apparatus and other paraphernalia public knowledge or view
for DD
Possession of such paraphernalia is

TITLE 7 – CRIMES COMMITTED BY
prima facie evidence that possessor
PUBLIC OFFICERS
has smoked, consumed, administered
to himself or used a DD
10. Possession of DD during parties, ART. 203 - WHO ARE PUBLIC OFFICERS
social gatherings or meetings
- possession of and DD during any Who is a public officer?
social gathering, meeting or in the
proximate company of at least 2 One who takes part in the performance of public
persons functions in the government or performing in said
government or in any of its branches public duties
11. Possession of equipment, instrument, as an employee, agent or subordinate official of
apparatus, other paraphernalia for any rank or class.
DD during social gatherings,
meetings, etc One whose authority is to take part in the
performance of public functions or to perform
12. Use of DD public duties must be by direct provisions of law,
by popular election, by appointment by competent
13. Cultivation or culture of plants authority.
classified as DD or are sources
thereof MISFEASANCE – improper performance of
some act which might lawfully be done
14. Maintenance and keeping of original
records of transactions on DD and MALFEASANCE - the performance of some act
CPEC which ought not to be done
15. Unnecessary prescription of DD NONFEASANCE - omission of some act which

ought to be performed
16. Unlawful prescription of DD
ART. 210 - DIRECT BRIBERY
TITLE 6 – CRIMES AGAINST PUBLIC Acts punishable as direct bribery (Code:

MORALS AAA)
1. Agreeing to perform, or by performing in

ART 200. GRAVE SCANDAL consideration of any offer, promise, gift, or
present – an act constituting a crime, in
Elements: (Code: PHNP) connection with the performance of his
official duties
1. That the offender performs an act or 2. Accepting a gift in consideration of the
acts execution of an act which does not
2. That such act or acts be highly constitute a crime, in connection with the
scandalous a offending against performance of his official duty
decency and good customs 3. Agreeing to refrain, or by refraining from
3. That the highly scandalous conduct is doing something which it is his official duty
not expressly falling within any other to do, in consideration of a gift or promise
article of this code
Page 67 of 97
ART. 211 - INDIRECT BRIBERY Distinguish Malversation from Estafa
Elements: (Code: PAO) Malversation (Art. Estafa with Abuse of

217) Confidence (Art. 315)
1. That the offender is a public officer Funds or property Funds/property are
usually public always private
2. That he accepts gifts Offender is usually a Offender is a private
3. That the said gifts are offered to him public officer who is individual or even a
by reason of his office accountable for the public officer who is not
public funds/property accountable for public
funds/property
ART. 217 - MALVERSATION Crime is committed Crime is committed by
by approaching, misappropriating,
Acts punishable as malversation taking, or converting, or denying
(Code: ATCB) misappropriating/con having received money,
senting, or through goods or other personal
1. Appropriating public funds or property abandonment or property
2. Taking or misappropriating the same negligence,
permitting any other
3. Consenting or through abandonment person to take the
or negligence, by permitting any other public funds/property
person to take such public funds or
property.
4. Being otherwise guilty of the
misappropriation or malversation of ART. 220 – ILLEGAL USE OF PUBLIC
such funds or property FUNDS OR PROPERTY / TECHNICAL
MALVERSATION
Common elements of these acts (Code:
PCFA) Elements: (Code: PPAP)
1. The offender is a public officer who 1. The offender is a public officer

has: 2. There is public fund or property under his
a. Official custody of public funds administration
or property or the duty to collect 3. Such public fund or property has been
or receive funds due to the Gov’t appropriated by aw or ordinance
b. The obligation to account for 4. He applies the same to a public use other
them to the Gov’t than that for which such fund or property
2. He had the custody or control of has been appropriated by law or ordinance
funds or property by reason of the
duties of his office
3. Those funds or property were public ART. 223 – CONNIVING WITH OR
funds or property for which he was CONSENTING TO EVASIONS
accountable
Elements: (Code: PCEC)
4. He appropriated, took,
misappropriated or consented or 1. The offender is a public officer
through abandonment or negligence
permitted another person to take 2. He has in his custody or charge a prisoner,
them. either detention prisoner or prisoner by final
judgment
3. Such prisoner escaped from his custody
Page 68 of 97
4. He was in connivance with the prisoner prisoner or detention prisoner either –

in the latter’s escape
i. By the imposition of
punishments not authorized by
the regulations
ART. 224 – EVASION THROUGH ii. By inflicting such punishments
NEGLIGENCE (those authorized) in a cruel and
humiliating manner
Elements: (Code: PCP)
b. By maltreating such prisoner to extort a
confession or to obtain some
1. The offender is a public officer information from the prisoner
2. He charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgment ART. 245. ABUSES AGAINST CHASTITY
3. Such prisoner escaped through
negligence
Elements: (Code: PSIUW)
1. the offender is a public officer

ART. 225 – ESCAPE OF PRISONER
UNDER THE CUSTODY OF A PERSON 2. he solicits or makes immoral or indecent
NOT A PUBLIC OFFICER advances to a woman
3. such woman must be:
Elements: (Code: PCEC)
a. interested in matters before the
1. The offender is a private person offending officer of decision or with
respects to which he is required to
2. The conveyance or custody of a submit a report to or consult with a
prisoner or person under arrest is superior officer
confided to him
b. under the offenders custody
3. the prisoner or person under arrest
escapes c. the wife, daughter, sister or
relative within the same degree by
4. the offender consents to the escape of affinity of any person in the custody
the prisoner or person under arrest or of the offending warden or officer.
the escape takes place through his
negligence.
TITLE 8 – CRIMES AGAINST PERSONS
ART. 235 – MALTREATMENT OF ART. 246. PARRICIDE

PRISONERS
Elements: (Code: KDF)
Elements: (Code: PCM)
1. That a person is killed
1. the offender is a public officer or
employee 2. That the deceased is killed by the accused
2. he has under his charge a prisoner or 3. That the deceased is the father, mother or
detention prisoner child (not less than 3 days old), whether
legitimate or illegitimate, or a legitimate
3. he maltreats such prisoner in either other ascendant or legitimate other
of the ff manners: descendant, or the legitimate spouse, of the
a. By overdoing himself in the accused.
correction and handling of a
Page 69 of 97
If a person killed another, not knowing ART. 248. MURDER

that the latter was his son, will he be
guilty of parricide? It is the unlawful killing of any person which is not
parricide or infanticide, provided that any of the ff.
Yes, because the law does not require circumstances is present: (Code: TPICEC)
knowledge of relationship between them.
1. With treachery, taking advantage of
superior strength, with the aid of armed
ART. 247. DEATH OR PHYSICAL men, or employing means to weaken the
INJURIES UNDER EXCEPTIONAL defense, or of the means or persons to
CIRCUMSTANCES insure or afford impunity
2. In consideration of a price, reward, or a
Requisites:
promise
1. That a legally married person or 3. By means of inundation, fire, poison,
parent surprises his spouse or his explosion, shipwreck, stranding a vessel,
daughter, the latter under 18 years of derailment of or assault upon a street car
age and living with him, in the act of or locomotive, fall of an airship, by means
committing sexual intercourse with of motor vehicles, or with the use of any
another person. vehicles or with the use of any means
involving great waste and ruin
2. That he/she kills any or both of them
or inflicts upon any or both of them 4. On occasion of any of the calamities
any serious physical injury in the act enumerated in the preceding paragraph or
or immediately thereafter (the an earthquake, eruption of a volcano,
discovery, the escape, the pursuit, destructive cyclone, epidemic or any other
and the killing must all form part of public calamity
one continuous act) 5. With evident premeditation
3. That he has not promoted or 6. With cruelty, by deliberately and
facilitated to the prostitution of his
inhumanly augmenting the suffering of the
wife or daughter, or that he and she victim, or outraging or scoffing at his
has not consented to the infidelity of person or corpse
the other spouse.
Is Art 247 applicable even if an hour

ART. 249 – HOMICIDE
had passed between the discovery of
the act of sexual intercourse and the
killing of the victim? It is the unlawful killing of any person, which is
neither parricide, murder nor infanticide
Yes. The RPC, in requiring that the accused
“shall kill any of them or both of them xxx Can the accused be charged with frustrated
immediately” after surprising his spouse in homicide through imprudence?
the act of intercourse, does not say that he
should commit the killing instantly No. The element of intent to kill in frustrated
thereafter. It only requires that the death homicide is incompatible with negligence or
caused be the proximate result of the outrage imprudence. (People v. Castillo, et al., 76 Phil 72)
overwhelming the accused after chancing
upon the spouse in the basest act of
infidelity. But the killing should have been ART. 255. INFANTICIDE
actually motivated by the same blind
impulse. (Ppl v. Abarca, 153 SCRA 735) It is the killing of any child (must be born alive and
fully developed, that is, it can sustain an
The discovery, the escape, the pursuit and independent life) less than 3 days of age,
the killing must all form part of one whether the killer is the parent or grandparent, or
continuous act. any other relative of the child, or a stranger
Page 70 of 97
Is “concealing dishonor” an element of 3. That the violence is intentionally exerted.

infanticide?
4. That as a result of the violence the fetus
dies, either in the womb or after having
No. It merely mitigates the liability of the
been expelled therefrom.
mother (must be of good reputation) or
maternal grandparents who committed the
crime. • Violence is used upon such pregnant woman
without intending an abortion
ART. 256. INTENTIONAL ABORTION • The violence is intentionally exerted
What is abortion?
ART. 262. MUTILATION
It is the willful killing of the fetus in the
uterus, or the violent expulsion of the fetus It is the lopping or the clipping off of some part of
from the maternal womb which results in the the body.
death of the fetus.
Kinds of Mutilation:
Ways of committing abortion: (Code:
VAC) 1. Intentionally mutilating another by
depriving him, either totally or partially of
1. By using violence upon the person of some essential organ for reproduction
the pregnant woman
2. By acting, but without using violence, 2. Intentionally making other
without the consent of the woman (by mutilations, that is, by lopping or
administering drugs/beverages upon clipping off any part of the body of the
a pregnant without her consent) offended party, other than the essential
organ for reproduction, to deprive him of
3. By acting, with the consent of the that part of his body.
pregnant woman (by administering
drugs/beverages)
ART. 263. SERIOUS PHYSICAL INJURIES
What is the liability of the woman who
consented to the abortion caused on
her? How is the crime of serious physical
injuries committed? (Code: WBAA)
The woman is liable, not under art 256, but
under art 258 (Abortion practiced by the a. By wounding
woman herself or by her parents) if she b. By beating
consented to the abortion caused on her. If
she did not consent to the abortion caused on c. By assaulting
her, she is not liable. d. By administering injurious substance (art
264)
ART. 257- UNINTENTIONAL
ABORTION What are Serious Physical Injuries?
Elements: (Code: PVIF) 1. When the injured person becomes insane,

impotent, imbecile, blind in consequence of
1. That there is a pregnant woman the physical injuries inflicted.
2. When the injured person:
2. That violence is used upon such
pregnant woman without intending a. Loses the use of speech, or the
an abortion. power to hear or to smell, or loses
Page 71 of 97
an eye, a hand, a foot, an arm, ART. 265. LESS SERIOUS PHYSICAL

or a leg, or INJURIES
b. Loses the use of any of such
member, or Elements:
c. Becomes incapacitated for the 1. The offended party is incapacitated for 10
work in which he was days or more but not more than 30, or
habitually engaged in needs attendance for the same period
consequence of the physical
injuries 2. The physical injuries must not be those
described in the preceding articles
3. When the person injured
a. Becomes deformed, or
b. Loses any other member of ART. 266. SLIGHT PHYSICAL INJURIES
his body, or
c. Loses the use thereof, or Kinds of Slight Physical Injuries:
d. Becomes ill or incapacitated 1. Physical injuries which incapacitated the

for the performance of the offended party from one to nine days, or
work in which he was required medical attendance during the
habitually engaged for more same period
than 90 days, in consequence
2. Physical injuries which did not prevent the
of the physical injuries
offended party from engaging in his
inflicted
habitual work or which did not require
4. When the injured person becomes ill medical attendance
or incapacitated for labor for more
3. Ill-treatment of another by deed without
than 30 days but not more than 90 as
causing any injury
a result of the physical injuries
inflicted.
When there is no evidence of actual injury,
it is only slight physical injury.
Differences between Physical Injuries
and Attempted or Frustrated homicide
1. In both crimes, the offender inflicts ART. 266-A. THE NEW ANTI-RAPE LAW
physical injuries. Attempted (RA 8353)
homicide may be committed, even if
no physical injuries are inflicted. How is rape committed? (Code: FDMU)
2. The offender has NO intent to kill in 1. By a man who have carnal knowledge of a
the crime of physical injuries. woman under any of the ff. circumstances
a. Through force, threat or intimidation
It is a serious physical injury when the
offended party becomes deformed. b. When the offended party is deprived of
Deformity is characterized by physical reason or otherwise unconscious
ugliness, permanent and definite c. By means of fraudulent machinations or
abnormality. It must also be conspicuous and grave abuse of authority
visible.
d. When the offended party is under 12
(Code: PPC) years of age or is demented, even though
non of the circumstances mentioned
1. Physical ugliness above be present
2. Permanent and definite abnormality 2. By any person who, under any of the
3. Conspicuous and visible circumstances mentioned in par. 2 hereof,
shall commit an act of sexual assault by
Page 72 of 97
inserting his penis into another permanent physical mutilation or disability

person’s mouth, or anal orifice or any
instrument or object, in to the genital 10. when the offender knew of the pregnancy
or anal orifice of another person of the offended party at the time of the
commission of the crime
When is Rape punished by Death?
11. when the offender knew of the mental
disability, emotional disorder and/or
1. When by reason or on occasion of the
physical disability of the offended party at
rape, a homicide is committed.
the time of the commission of the crime
2. When the victim is under 18 yeas of
What is the EFFECT OF PARDON?
age and the offender is a parent,
ascendant, stepparent, guardian,
• the subsequent valid marriage between the
relative by consanguinity or affinity
offender and the offended party shall
within the third civil degree, or the
extinguish the criminal action or the penalty
common law spouse of the parent of
imposed
the victim
• In case it is the legal husband who is the
3. When the victim is under the custody
offender, the subsequent forgiveness by the
of the police or military authorities or
wife as the offended party shall extinguish the
any law enforcement or penal
criminal action or the penalty: Provided, That
institutions
the crime shall not be extinguished or the
penalty shall not be abated if the marriage is
4. When the rape is committed in full
void ab initio
view of the spouse, parent, or any of
the children or other relatives within
the third civil degree of consanguinity
ART. 267. KIDNAPPING AND SERIOUS
5. When the victim is a religious ILLEGAL DETENTION
engaged in legitimate religious
vocation or calling and is personally Elements: (Code: PKIC)
known to be such be the offender
before at the time of the commission 1. that the offender is a private individual
of the crime if the offender is a public officer, the crime
is arbitrary detention.
6. When the victim is a child below 7
years old 2. that he kidnaps or detains another, or in
any manner deprives the latter of his
7. when the offender knows that he is liberty
afflicted with HIV/AIDS or any other 3. that the act of detention or kidnapping
sexually transmissible disease and the must be illegal
virus or disease is transmitted to the
victim 4. that in the commission of the offense, any
of the ff. circumstances is present:
8. when committed by any member of a. that the kidnapping or detention
the AFP or paramilitary units thereof lasts for more than 3 days
or the PNP or any law enforcement
agency or penal institution, when the b. that it is committed simulating
offender took advantage of his public authority
position to facilitate the commission c. that any serious physical injuries
of the crime are inflicted upon the person
kidnapped or detained or threats to
9. when by reason or on the occasion of kill him are made
the rape, the victim has suffered
Page 73 of 97
d. that the person kidnapped or Cases to which the provisions of this article
detained is a minor, female or are not applicable
a public officer
a. if the entrance to another’s dwelling is
made for the purpose of preventing some
What is Ransom?
serious harm to himself, the occupants of
the dwelling or a third person.
It is money, price, or consideration paid
or demanded for redemption of a b. If the purpose is to render some service to
captured person or persons, a payment humanity or justice.
that releases from captivity.
c. If the place where entrance is made is a
café, tavern, inns, and other public houses,
while the same are open. (art 280 last par)
ART. 268- SLIGHT ILLEGAL
DETENTION
ART. 282 – GRAVE THREATS
Elements: (Code: PKIA)
1. that the offender is a private Acts punishable as grave threats

individual
1. threatening another with the infliction
2. that he kidnaps or detains another, or
upon his person, honor or property or that
in any manner deprives him of his
of his family any wrong amounting to a
liberty
crime and demanding money or imposing
3. that the act of kidnapping or any other condition, even though not
detention is illegal unlawful, and the offender attaining his
purpose
4. that the crime is committed without
the attendance of any the 2. by making such threat without the offender
circumstances enumerated in 267 attaining his purpose.
3. threatening another with the infliction
upon his person, honor, or property or that
ART. 280 QUALIFIED TRESPASS TO of his family any wrong amounting to a
DWELLING crime, the threat not being subject to a
condition
Elements: (Code: PDE)
1. the offender is a private person ART. 283 – LIGHT THREATS

2. that he enters the dwelling of another
Elements: (Code: TWDA)
3. that such entrance is against the
latter’s will
1. that the offender makes threat to commit a
wrong
• If the offender is a public officer, the
2. that the wrong does not constitute a crime
entrance into the dwelling against the
will of the occupant is violation of 3. that there is a demand for money or that
domicile (Art. 128, RPC). other condition is imposed even though not
unlawful
• Qualified if committed by means of
4. that the offender has attained his purpose
violence/intimidation (which may take
or, that he has not attained his purpose
place immediately after the entrance)
Page 74 of 97
Acts punished as other light threats 3. That the person that restrained the will and
liberty of another had not the authority of
1. threatening another with a weapon or law or the right to do so, or in other words,
by drawing such weapon in a quarrel, that the restraint shall not be made under
unless it be in lawful self-defense. authority of law or in the exercise of any
lawful right.
2. orally threatening another, in the
heat of anger, with some harm (not)
constituting a crime, without
persisting in the idea involved in his ART. 287 – LIGHT COERCION
threat
3. orally threatening to do another any Elements: (Code:CSMP)
harm not constituting a felony
1. That the offender must be a creditor
Can other light threats be committed 2. That he seizes anything belonging to his
where the person to whom it is debtor
directed is absent? 3. That the seizure of the thing be
accomplished by means of violence or a
Yes, where the threats are directed to a display of material force producing
person who is absent and uttered in a intimidation
temporary fit of anger , the offense is only
light threats (People v. Fontanilla Feb 3, 4. That the purpose of the offender is to apply
1934) the same to the payment of the debt.
What is unjust vexation?

ART. 285 – OTHER LIGHT THREATS
It includes any human conduct which, although
Acts prohibited under this crime not productive of some physical or material harm
would, however, unjustly annoy or vex an innocent
1. threatening with a weapon or by inducing person.
such weapon in a quarrel unless it be in
lawful self-defense
TITLE 10 – CRIMES AGAINST PROPERTY
2. orally threatening another, in the heat of
anger, with some harm (not) constituting
a crime, without persisting in the idea
involved in his threat ART. 293. ROBBERY
3. orally threatening to do another any Robbery is the taking of personal property

harm not constituting a felony belonging to another, with intent to gain, by means
of violence against, or intimidation of any person,
ART. 286 - GRAVE COERCION or using force upon anything. (Art.293, RPC)
Classifications of robbery:
Elements: (Code: PVA)
1. Robbery with violence against, or violence
1. that a person prevented another from
of persons (Art.294, 297,298, RPC)
doing something not prohibited by
law, or that he compelled him to do
2. Robbery by use of force upon things
something against his will, be it right
(Art.299, 302, RPC)
or wrong
2. that the prevention or compulsion be General elements of robbery: (Code: PUIA)
effected by violence, threats or
intimidation 1. That there be personal property belonging
to another
Page 75 of 97
2. That there is unlawful taking of that ART. 294 – ROBBERY WITH VIOLENCEOF
property INTIMIDATION OF PERSONS
3. That the taking must be with intent to
gain Acts punishable in the crime of robbery
with violence and intimidation
4. That there is violence against or
intimidation of any person 1. When by reason or on the occasion of the
robbery, the crime of homicide is
Intent to gain or animus lucrandi is an committed
internal act and is the usual motive to be
presumed from all furtive taking of useful 2. When the robbery is accompanied by rape
property pertaining to another, unless or intentional mutilation or arson
special circumstances reveal a different
intent on the part of the perpetrator (Ppl. 3. When by reason or on the occasion of
v. del Rosario, G.R. No. 131036,20 June robbery, any of the physical injuries
2001) resulting to insanity, imbecility, impotence
or blindness is inflicted
Distinguish Robbery with violence
against or intimidation of persons 4. When by reason or on the occasion of
from Robbery with force upon things. robbery, any of the physical injuries
resulting in the loss of the use of speech or
the power to hear or smell, or the loss of an
Violence Against Use of Force eye, a hand, a foot, an arm, or a leg or the
or Intimidation of Upon things loss of the use of any of such member or
Person incapacity for the wok in which the injured
When such violence The taking is robbery person is theretofore habitually engaged is
is used, the taking of only if force is used inflicted
personal property is either to enter the
always robbery building or to break 5. If the violence or intimidation employed in
doors, wardrobes, the commission of the robbery is carried to
chests, or any other a degree clearly unnecessary for the
kind of locked or commission of the crime
sealed furniture or
receptacle inside the 6. When in the course of its execution, the
building or to force offender shall have inflicted upon any
them open outside person not responsible for the commission
after taking same of the robbery any of the physical injuries
from the building in consequence of which the person injured
The value of the Penalty depends on: becomes deformed or loses any other
property is a. value of the member of his body or loses the use thereof
immaterial in property or becomes ill or incapacitated for the work
determining the taken in which he is habitually engaged for more
penalty to be b. whether or not than 90 days or the person injured
imposed. Penalty the offenders becomes ill or incapacitated for labor for
depends on: carry arms more than 30 days
a. result of
violence used 7. If the violence employed by the offender
b. existence of does not cause any of the physical injuries
intimidation defined in Art. 263, or if the offender
only employs intimidation only.
Page 76 of 97
Elements of Robbery with Homicide: In the crime of Robbery with Rape, the
(Code: PAAO) offender must have the intent to take personal
property belonging to another, and that such
1. The taking of personal property with intent must precede the rape.
the use of violence or intimidation
against a person If Robbery with Homicide is accompanied
by Rape, how should the latter be treated?
2. Property belonging to another
3. The taking is characterized by animus The crime committed is Robbery with Homicide
lucrandi and the Rape committed by the offenders will be
4. On the occasion of the robbery, or by treated as an aggravating circumstance, which
reason thereof, the crime of homicide, would result in the imposition of the maximum
which is used in the generic sense, penalty of death. (Ppl vs. Fabon)
has been committed
ART. 296 - DEFINITION OF A BAND AND
What is essential in the crime of robbery PENALTY INCURRED BY THEMEMBERS
with homicide is that there must be a THEREOF
direct relation between robbery and the
killing, whether he latter be prior or Define Robbery by a Band and provide for
subsequent to the former or whether the penalty incurred by the members
both crime be committed at the same
time. The robbery must be the original 1. When at least four armed malefactors take
design and homicide must have been part in the commission of a robbery, it is
perpetrated with a view to consummate deemed committed by a band
the robbery (Ppl v. Torres, GR. 130661,
27 June 2001;Ppl v. Maxion; Ppl v. 2. When any of the arms used in the
Consejero) commission of robbery is not licensed, the
penalty upon all malefactors shall be the
A, B & C robbed the house of X&Y and maximum of the corresponding penalty
thereafter killed the latter including provided by law, without prejudice to the
their house help, Z. Should the criminal liability for illegal possession of
multiplicity of the killings substantiate firearms
it as an aggravating circumstance? 3. Any member of a band who was present at
the commission of a robbery by the band,
No. In People vs. Gano, it was held that shall be punished as principal of any of the
“there is no law providing additional rape/s assaults committed by the band, unless it
or homicide/s should be considered as be shown that he attempted to prevent the
aggravating circumstances under Art. 14 of same
the RPC. The term “homicide” is used in its
generic sense. Hence, the crime committed
by A, B & C is robbery with homicide only. How is the crime Highway
Robbery/Brigandage (PD 532) committed?
Elements of Robbery with Rape:
(Code: PAAR) It is committed when there is a seizure of any
person for ransom, extortion, or other unlawful
1. The taking of personal property with purposes, or the taking away of the property by
the use of violence or intimidation means of violence against or intimidation of
against a person persons or force upon things or other unlawful
means, on any Philippine Highway.
2. Property belonging to another
3. The taking is characterized by animus
lucrandi
4. The robbery is accompanied by rape
Page 77 of 97
Distinguish Highway Robbery from 5. That the taking be accomplished without

Robbery Committed on a Highway the use of violence against or intimidation
of persons or force upon things
HIGHWAY ROBBERY
ROBBERY (PD No. COMMITTED ON
Who are liable for theft?
532) A HIGHWAY
1. Those who, with intent to gain, but without
The robbery is The robbery is violence against or intimidation of persons
committed committed only nor force upon things, take personal
indiscriminately against property of another without the latter’s
against the persons predetermined consent
who commute in such victims
highways, regardless 2. Those who, having found lost property, fail
of the potentiality they to deliver the same to the local authorities
offer or to its owner
The offender is a It is ordinary 3. Those who, after having maliciously
brigand or one who Robbery under the damaged the property of another, remove
roams in public RPC when the or make use of the fruits of the damage
highways and carries commission thereof caused by them
out his robbery in in a public highway
public highways as is not a brigand 4. Those who at the enter an enclosed estate
venue, whenever he or field where trespass is forbidden or
opportunity to do so which belongs to another and, without
arises consent of its owner, hunt or fish upon the
There is frequency in Ordinary Robbery in same, or gather fruits, cereals or other farm
the commission of the public highways is products
robbery in public only occasional
highways and against against a What is Fencing (Anti-Fencing Law P.D.
persons traveling predetermined No. 1612)?
thereat victim, without
frequency in public It is the act of any person who, with intent to gain
highways for himself of for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of,
or shall buy and sell, or in any other manner deal
ART. 308. WHO ARE LIABLE FOR in any article, item object or anything of value
THEFT which he knows, or should be known to him, to
have been derived from the proceeds of the crime
Any person who, with intent to gain but of robbery or theft. (Sec. 2 (a), PD No. 1612)
without violence or intimidation of neither
persons nor force upon things shall take the Distinguish a Fence from an Accessory to
personal property of another without the theft or robbery
latter’s consent commits theft.
FENCE ACCESSORY TO
Elements: (Code: PAICV) THEFT OR
ROBBERY
1. That there be taking of personal A fence is punished An Accessory under
property as a principal under the RPC is punished
P.D. No. 1612 and 2 degrees lower than
2. That said property belongs to another
the penalty is the principal, unless
3. That the taking be done with intent to higher he bought or profited
gain from the proceeds of
4. That the taking be done without the theft or robbery
consent of the owner arising from robbery
in Philippine
Highways under P.D.
Page 78 of 97
No. 532 where he is Elements of estafa with unfaithfulness or

punished as an abuse of confidence: (Code: OAA)
accomplice, hence
the penalty is one
1. That the offender has an onerous
degree lower. obligation to deliver something of value
Fencing is malum
prohibitum and 2. That he alters its substance, quantity or
therefore there is no quality
need to prove 3. That damage or prejudice is cause to
criminal intent of another
the accused
Elements of estafa by means of false

ART. 310. QUALIFIED THEFT pretenses or fraudulent acts: (Code:
MMMD)
1. If the theft is committed by a
domestic servant 1. That money, goods or other personal
property be received by the offender in
2. If the theft is committed with grave trust, or on commission, or for
abuse of confidence administration, or under any other
3. If the property stolen is a motor obligation involving the duty to make
vehicle, mail matter or large cattle delivery of or to return the same
4. If the property stolen consists of 2. That there be misappropriation or

coconuts taken from the premises of a conversion of such money or property by
plantation the offender, or denial on his part of such
receipt
5. If the property stolen is fish taken
from a fishpond or fishery 3. That such misappropriation or conversion
or denial is to the prejudice of another
6. If the property taken on the occasion
of fire, earthquake, typhoon, volcanic 4. That there is demand made by the
eruption, or any other calamity, offended party to the offender
vehicular accident or civil disturbance
The essence of estafa under this kind is
the appropriation or the conversion of
money or property received to the
ART. 315. SWINDLING/ESTAFA
prejudice of the owner. To misappropriate
for one’s own use includes not only
General elements of swindling/estafa: conversion to one’s personal advantage,
(Code: DUMFD) but also attempt to dispose of the property
of another without right. (Serona vs. CA,
1. That the accused defrauded another 18 November 2002)
by abuse of confidence or by means of
deceit, which can be committed in Elements of estafa through fraudulent
three ways: means: (Code: SDWL)
a. With unfaithfulness or abuse
of confidence 1. That the paper with the signature of the
offended party be in blank
b. By means of false pretenses or
fraudulent acts 2. That the offended party should have been
delivered it to the offender
c. Through fraudulent means
3. That above signature of the offended party
2. That damage or prejudice capable of a document is written by the offender
pecuniary estimation is caused to the without authority to do so
offended party or third person
Page 79 of 97
4. That the document so written creates payment. What the law punishes is the issuance
a liability of or causes damage to the of a bouncing check and not the purpose for which
offended party or any third person the check was used, nor the terms and conditions
of its issuance. (Meriz v. Ppl, 13 Nov. 2001;Caras
v. CA, 02 October 2001)
Elements of estafa by means of deceit:
(Code: FPR)
1. That there must be false pretense, ART. 316 - OTHER FORMS OF SWINDLING
fraudulent act of fraudulent means
Persons liable for other forms of swindling:
2. That such false pretense, fraudulent
act or fraudulent means must be 1. Any person who, pretending to be the owner of
made or executed prior to or any real property, shall convey, sell, encumber
simultaneously with the commission or mortgage the same
of fraud
3. That the offended party must have 2. Any person who, knowing that real property is
relied on the false pretense, encumbered, shall dispose of the same,
fraudulent act, or fraudulent means, although such encumbrance be not recorded
that is, he was induced to part with is
money or property because of the 3. That the owner of any personal property who
false pretense, fraudulent act, shall wrongfully take it from its lawful
fraudulent means that as a result possessor, to the prejudice of the latter or any
thereof, the offended party suffered third person
damage
4. Any person who, to the prejudice of another,
shall execute any fictitious contract
Elements of violation of BP Blg. 22 or
the Bouncing Checks Law: 5. Any person who shall accept any compensation
given under the belief that it was in payment of
1. the making, drawing and issuance of services, rendered or labor performed by him,
any check to apply for account or for when in fact he did not actually perform such
value services or labor
2. the knowledge of the maker, drawer 6. Any person who, while being a surety in a bond
or issuer that at the time of the issue given in a criminal or civil action, without
he does not a sufficient funds with the express authority form the court or before the
drawee bank for the payment of the cancellation of his bond or before being
check in full upon its presentment relieved from the obligation contracted by him,
3. The subsequent dishonor of the check shall sell, mortgage, or in any other manner,
by the drawee bank for insufficiency encumber the real property or properties
of funds or credit or dishonor for the which he guaranteed the fulfillment of such
same reason had not the drawer, obligation
without any valid cause, ordered the
bank to stop payment.
PD 1613 – AMENDING THE LAW ON
ARSON
Is the intention of the accused
material in determining the guilt or
Arson is defined as the malicious destruction of
innocence of the latter for violating BP
Blg. 22? property by fire.
NO. The gravamen of the offense under BP 2 As amended by PD1613, it is defined as any person
who burns or sets fire to the property of another;
is the act of making or issuing
any person who sets fire to his own property under
worthless check or a check that is
dishonored upon presentment for the circumstances which expose to danger the life
or property of another.
Page 80 of 97
Different kinds of arson: 3. Spreading any infection or contagion among

cattle
1. Arson as defined in Sec. 1, PD 1613
4. Causing damage to the property of the
2. Destructive Arson as defined in Art National Museum or National Library, or
320, as amended by RA 7659 to any archive or registry, waterworks,
road, promenade or any other thing used in
3. Other cases of arson as defined in
common by the public
Sec.3, PD 1613
What are the special aggravating ART. 332 – PERSONS EXEMPT FROM
circumstances in arson? CRIMINAL LIABILITY
1. If committed with intent to gain Crimes Involved:

2. If committed for the benefit of 1. Theft
another 2. Swindling
3. If the offender is motivated by spite 3. Malicious mischief
or hatred towards the owner or the
occupant of the property burned Persons Exempted:
4. If committed by a syndicate 1. Spouses, ascendants and descendants, or
relatives by affinity on the same line;
2. The widowed spouse with respect to the
ART. 327 – MALICIOUS MISCHIEF property which belong to the deceased
spouse before the same passed the same
Malicious mischief is the willful damaging into the possession of another;
of another’s property for the sake of causing 3. Brothers and sisters and brothers in law
damage due to hate, revenge or other evil and sisters in law, if living together.
motive.
4. Stepfather, adopted father, natural
children, concubine, paramour included;
Elements of malicious mischief:
(Code: DND) 5. Also applies to common-law spouses.
1. That the offender deliberately caused

damage to the property of another
ART. 333 – ADULTERY
2. That such act does not constitute
arson or other crimes involving Committed by any married woman who shall
destruction have sexual intercourse with a man not her
3. That the act of damaging another’s husband and by the man, who has carnal
property be committed merely for the knowledge of her, knowing her to be married, even
sake of damaging it if the marriage be subsequently declared void.
What is the essence of adultery?

ART. 328 SPECIAL CASES OF
MALICIOUS MISCHIEF (Qualified) The essence of adultery is the violation of the
marital vow.
Other cases of malicious mischief:
Who are the offenders in the crime of
1. Causing damage to obstruct the adultery?
performance of public functions
2. Using any poisonous or corrosive A married woman who shall have sexual
substance intercourse with another man.
Page 81 of 97
A man may be single or married. A man What is a conjugal dwelling?

must have a knowledge that the woman
whom he had sexual intercourse is It is the home of the husband and wife even if the
married. wife happens to be temporarily absent on any
account.
What is the effect of death of an
offended party? Sexual intercourse under scandalous
circumstances.
The proceeding must continue. The theory
that a man’s honor ceases to exist from the The scandal produced by the concubinage of a
moment that he dies is not acceptable. married man occurs not only when 1). He and his
mistress live in the same room of a house, but also
What is the effect of death of the when 2). They appear together in public and 3).
paramour? Performs acts in sight of the community which
give rise to criticism and general protest among
It will not bar prosecution against the the neighbors
unfaithful wife, because the requirement that
both offenders should be included in the
complaint is absolute only when the two ART.336 – ACTS OF LACIVIOUSNESS
offenders are alive.
Elements: (Code: LFDA)
When is there implied pardon?
1. That the offender commits any act of
The act of having intercourse with the lasciviousness or lewdness.
offending spouse subsequent to adulterous
conduct is, at best, an implied pardon of said 2. That is done under any of the following
adulterous conduct (People vs. Muquerza, et circumstances;
al, 13 C.A. Rep. 1079). a. By using force or intimidation.
b. When the offended party is deprived of
ART. 334 – CONCUBINAGE reason or otherwise unconscious; or
c. When the offended party is another
Any husband who shall keep a mistress in the person of either sex.
conjugal dwelling, or, shall have sexual
intercourse, under scandalous Ways of committing Acts of Lasciviousness:
circumstances, with a woman who is not his
wife, or, shall cohabit with her in any other
• Compelling a girl to dance naked before
place.
men is an act of lasciviousness, even if the
dominant motive is revenge, for her failure
Who are the offenders in the crime of
to pay a debt.
concubinage?
• Embracing, kissing and holding girl’s
The offender must be a married man. The breast is act of lasciviousness when
woman becomes liable only when she knew prompted by lust or lewd designs.
him to be married prior to the commission of
the crime.
Distinguish Acts of lasciviousness from
unjust vexation?
Who is a mistress?
When the accused merely kissed and embraced the
A woman who is taken by the accused into
complainant out of passion or other motive,
the conjugal dwelling as a concubine.
touching the girl’s breast as a mere incident of the
embrace, it is unjust vexation. But when the
accused not only kissed and embraced the
complainant, but fondled her breast with the
particular design to independently derive vicarious
Page 82 of 97
pleasure there from, the element of lewd

designs exist (People vs. Panopio, C.A., 48 c). Those who abused their relationship:
O.G. 145) → Brother who seduced his sister,
Ascendant who seduced his descendant.
ART. 337 - QUALIFIED SEDUCTION

ART. 338 - SIMPLE SEDUCTION
Elements: (Code: V12SA)
Elements: (Code: 18GSD)
1. That the offended party is a virgin,
which is presumed if she is 1. That the offended party is over and under
unmarried and of good reputation. 18 years of age;
2. That she must be over 12 and under 2. That she must be of good reputation,
18 years of age. single, or widow;
3. That the offender has sexual 3. That the offender has sexual intercourse
intercourse with her. with her;
4. That there is abuse of authority, 4. That it is committed by means of deceit.
confidence or relationship on the part
of the offender.
Purpose of the law in punishing simple
seduction?
Two classes of qualified seduction.
The purpose of the statute is not to punish illicit
1. Seduction of a virgin over 12 years intercourse, but to punish the seducer who by
and under 18 years of age by certain means of a promise of marriage destroys the
person, such as, a person in authority, chastity of an unmarried female of previous chaste
priest, teacher, etc. character, and who thus draws her aside from the
path of virtue.
2. Seduction of a sister by her brother or
descendants by her ascendants, Does promise of marriage after sexual
regardless of her age and reputation. intercourse does constitute deceit?
What makes the crime of qualified A promise of marriage made after the sexual
seduction? intercourse had taken place, or after the woman
had yielded her body to the man’s illicit embraces,
The act would not be punished were it not for cannot be held to have induced the woman to
the character of the person committing the surrender her virtue.
same, on account of the excess of power or
abuse of confidence of which the offender
availed himself. (US vs. Arlante, 9 Phil. 595) ART. 342 – FORCIBLE ABDUCTION
Who could be the offenders in Elements: (Code: WAL)

qualified seduction?
1. That the person abducted is any woman,
a). Those who abused their authority: regardless of her age, civil status, or
→ Person in public authority, reputation;
Guardian, Teacher< person who in
any capacity. Is entrusted with the 2. That the abduction is against her will;
education or custody of the woman 3. That the abduction is with lewd design.
seduced.
b). Those who abused confidence reposed in What is abduction?

them:
→ Priest, House servant, Domestic.
Page 83 of 97
It is the taking away of any woman from her by the disappearance of the one who is, by her age
house or the place where she may be for the and sex, susceptible to cajolery and deceit.
purpose of carrying her to another place with
intent to marry or to corrupt her.
ART. 345 – PROSECUTION OF THE
Distinguished forcible abduction from CRIMES OF ADULTERY, CONCUBINAGE,
corruption of minors. SEDUCTION, ABDUCTION, RAPE AND
ACTS OF LASCIVIOUSNESS
Where a 13-years-old-girl was abducted by
the accused without lewd designs on his part, Adultery and concubinage must be prosecuted
but the purpose of lending her to illicit upon the complaint signed by the offended spouse.
intercourse with others, the crime committed
by the accused was held to be not abduction Seduction, abduction and acts of lasciviousness
but corruption of minors. (US. v. Tagle, 1 must be prosecuted upon the complaint signed by:
Phil. 626)
Offended party
Distinguish forcible abduction from Her parents
rape. Grandparents
Guardians
If there was abduction but the resistance pf
the woman to the alleged rape was not
tenacious, the accused would be guilty only ART. 349 – BIGAMY
of abduction (People v. Lopez). Rape may
absorb forcible abduction if the main
Is a crime by which a person contracted a second
objective was to rape the victim, (People v.
marriage before the former marriage has been
Toledo)
legally dissolved or before the absent spouse has
been declared presumptively dead by means of a
ART. 343 – CONSENTED ABDUCTION judgment rendered in proper proceedings. THE
Elements: (Code: VOCL) FIRST MARRIAGE MUST BE VALID.
1. That the offended party must be a
virgin. Elements: (Code: LNCS)
2. That she must be over 12 and under
18 years of age. a). That the offender has been legally married.
3. That the taking away of the offended
party must be with her consent, after b). That the marriage has not been legally
solicitation or cajolery from the dissolved or, in case his or her spouse is
offender. absent, the absent spouse could not yet be
4. That the taking away of the offended presumed dead according to the Civil Code.
party must be with lewd designs. c). That he contracts a second or subsequent
marriage.
Does the offended party need be taken
from her house? d). That the second or subsequent marriage
has all the essential requisites for validity.
The abductor need not actually and
personally have taken the abducted female Is the validity of second marriage a
from her parent’s home, or induced her to prejudicial question to liability for
abandon it. It is sufficient that he was bigamy?
instrumental in her escape.
In order that petitioner may be held guilty of the
What is the purpose of the law in crime of bigamy, the marriage which he contracted
punishing the crime of consented for the second time, must first be declared valid.
abduction? But its validity had been questioned in the civil
action. This civil action must be decided before
It prescribes punishment for the disgrace to the prosecution for bigamy can proceed.
the girl’s family and the alarm caused therein
Page 84 of 97
A person convicted of bigamy may still be honesty, virtue or reputation, or to hold him up to
prosecuted for concubinage. public ridicule. (US v. O”Connell, 37 Phil. 767)
Define publication.
ART. 353 LIBEL Publication is the communication of the
defamatory matter to some third person or
It is a public and malicious imputation of a persons. (People v. Atencio, Dec. 14, 1954) There is
crime, or vice or defect, real or imaginary, or no crime if the defamatory imputation is not
any act, omission, condition, status, or published.
circumstance tending to cause the dishonor,
discredit, or contempt of a natural person or
juridical person, or to blacken the memory of ART. 358. SLANDER (oral defamation)
one who is dead.
Two kinds of slander:
DEFAMATION is the proper term for libel as
used in Art. 353 1. simple slander
2. grave slander, when it is of a serious and
Why defamation is punished: insulting crime
The enjoyment of a private reputation is as Factors that determine the gravity of oral
much a constitutional right as the possession defamation:
of life, liberty or property. The law recognizes
the value of such reputation and imposes 1. upon the expressions used
upon him who attacks it, by slanderous 2. on the personal relations of the accused
words or libelous publication, the and the offended party
publication, the liability to make full 3. circumstances surrounding the case
compensation for the damages done.
(Worcester vs. Ocampo, 22 Phil. 42)
Elements: (Code: IPMDD)

NOTES ON SELECTED SPECIAL PENAL
1. That there must be an imputation of LAWS
a crime, or of a vice or defect, real or
imaginary, or any act, omission, Prepared By:
condition status, or circumstance; Atty. Modesto A. Ticman, Jr.
2. That the imputation must be made
publicly;
R.A. No. 4103
3. That it must be malicious; INDETERMINATE SENTENCE LAW
4. That the imputation must be directed
at a natural person or a juridical Applying the ISLaw, how is the penalty for
person, or one who is dead; an offense imposed?
5. That the imputation must tend to
cause the dishonor, discredit or In imposing a prison sentence for an offense
contempt of the person defamed. punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused
What is the test of defamatory to an indeterminate sentence the maximum term
character of the words used? of which shall be that which, in view of the
attending circumstances, could be properly
A charge is sufficient if the words are
calculated to induce the hearers to suppose imposed under the rules of the said Code, and the
and understand that the person against maximum which shall be within the range of the
whom they were uttered was guilty of certain penalty next lower to that prescribed by the Code
offenses, or are sufficient to impeach his for the offense; and if the offense is punished by
Page 85 of 97
any other law, the court shall sentence the People vs. Asuela
accused to an indeterminate sentence, the G.R. Nos. 140393-94, 04 February 2002
maximum term of which shall not exceed the
maximum fixed by said law and the Section 2 of the IS Law is not applicable to
minimum shall not be less than the persons convicted of offenses punishable by
minimum term prescribed by the same. (Sec. reclusion perpetua.
1, R.A. No. 4103)
P.D. No. 968 (PROBATION LAW)
People vs. Angeles 1. Accused may apply for probation within the
G.R. No. 132376, 11 April 2002, 380 SCRA
period for perfecting an appeal.
519
2. No application for probation shall be
The penalty next lower should be based entertained or granted if the defendant has
on the penalty prescribed by the Code for the perfected an appeal from the judgment of
offense, without first considering any conviction.
modifying circumstance attendant to the 3. An application for probation shall be filed with
commission of the crime. The determination the trial court. The filing of the application
of the minimum penalty is left by law to the shall be deemed a waiver of the right to appeal.
sound discretion of the court and it can be
anywhere within the range of the penalty 4. Probation may be granted whether the
next lower without any reference to the sentence imposes a term of imprisonment or a
periods into which it might be fine only.
subdivided. The modifying circumstances are 5. An order granting or denying probation shall
considered only in the imposition of the not be appealable. (Sec. 4, P.D. 968)
maximum term of the indeterminate
sentence.
Vicoy vs. People
The ISLaw is not applicable to the G.R. No. 138203, 03 July 2002, 383 SCRA 707
following:
Section 7, Rule 120, of the Rules on Criminal
1. to persons convicted of offenses punished Procedure is explicit that a judgment in a criminal
with death penalty or life imprisonment; case becomes final when the accused has applied
2. to those convicted of treason, conspiracy for probation. This is totally in accord with Section
or proposal to commit treason; to those 4 of Presidential Decree No. 968 (Probation Law
convicted of misprision of treason, of 1976, as amended), which in part provides that
rebellion, sedition or espionage; the filing of an application for probation is deemed
3. to those convicted of piracy; to those who a waiver of the right to appeal. Thus, there was no
are habitual delinquents; more opportunity for petitioner to exercise her
4. to those who shall have escaped from right to appeal, the judgment having become final
confinement or evaded sentence; by the filing of an application for probation.
5. to those who having been granted
conditional pardon by the Chief Lagrosa vs. People
Executive shall have violated the terms G.R. No. 152044, 03 July 2003, 405 SCRA 357
thereof; and
6. to those who maximum term of By perfecting their appeal, petitioners ipso facto
imprisonment does not exceed one relinquished the alternative remedy of availing of
year. (Sec. 2, R.A. No. 4103) the Probation Law, the purpose of which is simply
Page 86 of 97
to prevent speculation or opportunism on the imprisonment of not less than one month and one
part of an accused who, although already day and/or a fine of not less than two hundred
eligible, does not at once apply for probation, pesos, is disqualified from applying for probation.
but did so only after failing in his appeal. This provision of law is definitive and unqualified.
There is nothing in Section 9, paragraph (c) which
Although it has been suggested that an qualifies "previous conviction" as referring to a
appeal should not bar the accused from conviction for a crime which is entirely different
applying for probation if the appeal is solely from that for which the offender is applying for
to reduce the penalty to within the probation or a crime which arose out of a single act
probationable limit may be equitable, we are or transaction as petitioner would have the court
not yet prepared to accept this proposition, to understand.
specially given the factual circumstances of
this case. Had the petitioners’ appeal from P.D. No. 1829
the decision of the trial court raised the DECREE PENALIZING OBSTRUCTION OF
impropriety of the penalty imposed upon APPREHENSION AND INVESTIGATION OF
CRIMINAL OFFENDERS
them as the sole issue, perhaps this Court
would have been more sympathetic to their
plight. Unfortunately, their Prohibited acts:
misrepresentation has led to their own
undoing. Any person who, knowingly or willfully,
obstructs, impedes, frustrates or delays the
Disqualified offenders: apprehension of suspects and the investigation
and prosecution of criminal cases by committing
1. those sentenced to serve a maximum any of the following:
term of imprisonment of more than six
years; 1. Preventing witnesses from testifying in any
criminal proceedings or from reporting the
2. those convicted of subversion or any commission of any offense or the identity of
crime against the national security or the any offender/s by means of bribery,
public order; misrepresentation, deceit, intimidation, force
3. those who have previously been or threats;
convicted by final judgment of an offense 2. Altering, destroying, suppressing or concealing
punished by imprisonment of not less any paper, record, document, or object with
than one month and one day and/or fine intent to impair its verity, authenticity,
of not less than two hundred pesos; and, legibility, availability, or admissibility as
4. those who have been once on probation evidence in any investigation of or official
under the provisions of this Decree. (Sec. proceedings in criminal cases, or to be used in
9, P.D. 968) the investigation of, or official proceedings in,
criminal cases;
3. Harboring or concealing, or facilitating the
Pablo vs. Castillo
escape of, any person he knows, or has
G.R. No. 125108, 03 August 2000, 337 SCRA
176 reasonable ground to believe or suspect, has
committed any offense under existing penal
laws in order to prevent his arrest, prosecution
Section 9 paragraph (c) is in clear and
and conviction;
plain language, to the effect that a person
who was previously convicted by final 4. Publicly using a fictitious name for the purpose
judgment of an offense punishable by of concealing a crime, evading prosecution or
Page 87 of 97
the execution of a judgment, or penalty, the higher penalty shall be

concealing his true name and other imposed. (Sec. 1, P.D. 1829)
personal circumstances for the same
purpose or purposes; Enrile vs. Amin
5. Delaying the prosecution of criminal G.R. No. 93335, 13 September 1990
cases by obstructing the service of
process or court orders or disturbing Violation of P.D. No. 1829 cannot be
proceedings in the fiscals’ offices, in prosecuted separately from rebellion if the act is
Tanodbayan, or in the courts; committed with political or social motives, that is
in furtherance of rebellion. It should be deemed to
6. Making, presenting or using any record, form part of the crime of rebellion.
document, paper or object with
knowledge of its falsity and with intent to R.A. 7659
affect the course or outcome of the DEATH PENALTY LAW
investigation of, or official proceedings in
criminal cases; Article 62 of the Revised Penal Code has been
7. Soliciting, accepting, or agreeing to amended by R.A. No. 7659 as follows:
accept any benefit in consideration of
abstaining from, discontinuing, or “Art. 62. Effects of the attendance of mitigating
impending the prosecution of a criminal or aggravating circumstances and of habitual
offender; delinquency. – Mitigating or aggravating
circumstances and habitual delinquency shall be
8. Threatening directly or indirectly another
taken into account for the purpose of diminishing
with the infliction of any wrong upon his
or increasing the penalty in conformity with the
person, honor or property or that of any
following rules:
immediate member or members of his
family in order to prevent such person
1. Aggravating circumstances which in
from appearing in the investigation of, or
themselves constitute a crime specially
official proceedings in, criminal cases, or
punishable by law or which are included by
imposing a condition, whether lawful or
the law in defining a crime and prescribing
unlawful, in order to prevent a person
the penalty therefor shall not be taken into
from appearing in the investigation of, or
account for the purpose of increasing the
in official proceedings in criminal cases;
penalty.
9. Giving of false or fabricated information
to mislead or prevent the law 1 (a). When in the commission of the crime,
enforcement agencies from apprehending advantage was taken by the offender of his public
the offender or from protecting the life or position, the penalty to be imposed shall be in its
property of the victim; or fabricating maximum regardless of mitigating circumstances.
information from the data gathered in
confidence by investigating authorities “The maximum penalty shall be imposed if the
for purpose of background information offense was committed by any person who belongs
and not for publication and publishing or to an organized/syndicated crime group.
disseminating the same to mislead the
investigator or the court. “An organized/syndicated crime group means a
group of two or more persons collaborating,
If any of the acts mentioned herein is confederating or mutually helping one another for
penalized by other law with a high purposes of gain in the commission of any crime.”
Page 88 of 97
R.A. No. 7080 Filipino people and the Republic of the

ANTI-PLUNDER LAW Philippines.
Definition of Plunder.
in the aggregate amount or total value of at least
Fifty million pesos (P50,000,000.00) shall be
Any public officer who, by himself or in
guilty of the crime of plunder.
connivance with members of his family,
relatives by affinity or consanguinity,
In the imposition of penalties, the degree of
business associates, subordinates or other
participation and the attendance of mitigating and
persons, amasses, accumulates or acquires
extenuating circumstances, as provided by the
ill-gotten wealth through a combination or
Revised Penal Code, shall be considered by the
series of overt or criminal acts, to wit:
court.
1. through misappropriation, conversion,
The court shall declare any and all ill-gotten
misuse or malversation of public funds or
wealth and their interests and other incomes and
raids on the public treasury;
assets including the properties and shares of
2. by receiving, directly or indirectly, any stocks derived from the deposit or investment
commission, gift, percentage, kickbacks, thereof forfeited in favor of the State. (Sec. 2, R.A.
or any other form of pecuniary benefit No. 7080, as amended by R.A. 7659)
from any person and/or entity in
connection with any government contract Suspension and Loss of Benefits
or project or by reason of the office or
position of the public officer concerned; Any public officer against whom any criminal
3. by the illegal or fraudulent conveyance or prosecution under a valid information under this
disposition of assets belonging to the Act in whatever stage of execution and mode of
National Government or any of its participation, is pending in court, shall be
subdivisions, agencies or suspended from office. Should he be convicted by
instrumentalities or government-owned final judgment, he shall lose all retirement or
or controlled corporations and their gratuity benefits under any law, but if he is
subsidies; acquitted, he shall be entitled to reinstatement and
to the salaries and other benefits which he failed to
4. by obtaining, receiving or accepting receive during suspension, unless in the
directly or indirectly any shares of stock, meantime, administrative proceedings have been
equity or any other form of interest or filed against him. (Sec. 5, R.A. No. 7080)
participation including the promise of
future employment in any business Period of Prescription
enterprise or undertaking;
5. by establishing agricultural, industrial or The crime punishable under this Act shall
commercial monopolies or other prescribe in twenty (20) years. However, the right
combinations and/or implementation of of the State to recover properties unlawfully
decrees and orders intended to benefit acquired by public officers from them or from their
particular persons or special interest; or nominees or transferees shall not be barred by
prescription, laches, or estoppel. (Sec. 6, R.A. No.
6. by taking undue advantage of official
7080)
position, authority, relationship,
connection or influence to unjustly enrich
himself or themselves at the expense and
to the damage and prejudice of the
Page 89 of 97
Estrada vs. Sandiganbayan object or anything of value, which has been

G.R. No. 148560, 19 November 2001 derived from the proceeds of the crime of robbery
or theft; (3) the accused knew or should have
The legislative declaration in R.A. No. shown that the said article, item, object or
7659 that plunder is a heinous offense anything of value has been derived from the
implies that it is a malum in se. For when the proceeds of the crime of robbery or theft; and, (4)
acts punished are inherently immoral or there is, on the part of the accused, intent to gain
inherently wrong, they are mala in se and it for himself or for another. Fencing is malum
does not matter that such acts are punished prohibitum, and P.D. No. 1612 creates a prima
in a special law, especially since in the case of facie presumption of fencing from evidence of
plunder the predicate crimes are mainly possession by the accused of any good, article,
mala in se. item, object or anything of value which has been
the subject of robbery or theft, and prescribes a
P.D. No. 1612 higher penalty based on the value of the property.
ANTI-FENCING LAW The stolen property subject of the charge is not
indispensable to prove fencing. It is merely
corroborative of the testimonies and other
Fencing defined.
evidence adduced by the prosecution to prove the
crime of fencing.
It is the act of any person who, with intent
xxx
to gain for himself or for another, shall buy,
For the accused prosecuted for fencing to be
receive, possess, keep, acquire, conceal, sell
convicted thereof, it is necessary that the
or dispose of, or shall buy and sell, or in any
decision in the criminal case for robbery or
other manner deal in any article, item, object
theft, wherein the person from whom the former
or anything of value which he knows, or
acquired the stolen item is charged, must have
should be known to him, to have been
attained finality.
derived from the proceeds of the crime of
robbery or theft. (Sec. 2 [a], P.D. No. 1612)
Tan vs. People
Presumption of Fencing G.R No. 134298, 26 August 1999, 313 SCRA 220
Mere possession of any goods, article, The accessory in the crimes of robbery and
item, object, or anything of value which has theft could be prosecuted as such under the
been the subject of robbery or thievery shall Revised Penal Code or under P.D. No. 1612.
be prima facie evidence of fencing. (Sec. 5, However, in the latter case, the accused ceases to
P.D. No. 1612) be a mere accessory but becomes a principal in the
crime of fencing. Otherwise stated, the crimes of
Francisco vs. People robbery and theft, on the one hand, and fencing,
G.R No. 146584, 12 July 2004, 434 SCRA 122 on the other, are separate and distinct offenses.
The State may thus choose to prosecute him either
under the Revised Penal Code or P.D. No. 1612,
The essential elements of the crime of
although the preference for the latter would seem
fencing are as follows: (1) a crime of robbery
inevitable considering that fencing is malum
or theft has been committed; (2) the accused,
prohibitum, and P.D. No. 1612 creates a
who is not a principal or accomplice in the
presumption of fencing and prescribes a higher
commission of the crime of robbery or theft,
penalty based on the value of the property.
buys, receives, possesses, keeps, acquires,
xxx
conceals, sells or disposes, or buys and sells,
Complainant Rosita Lim testified that she lost
or in any manner deals in any article, item,
certain items and Manuelito Mendez confessed
Page 90 of 97
that he stole those items and sold them to the manipulation and circumvention of the purpose of
accused. However, Rosita Lim never the law.
reported the theft or even loss to the police.
She admitted that after Manuelito Mendez, Bayani vs. People
her former employee, confessed to the G.R. No. 154947, 11 August 2004
unlawful taking of the items, she forgave
him, and did not prosecute him. Theft is a The law enumerates the elements of violation
public crime. It can be prosecuted de oficio, of B.P. 22, namely (1) the making, drawing and
or even without a private complainant, but it issuance of any check to apply for account or for
cannot be without a victim. As complainant value; (2) the knowledge of the maker, drawer, or
Rosita Lim reported no loss, we cannot hold issuer that at the time of issue he does not have
for certain that there was committed a crime sufficient funds in or credit with the drawee bank
of theft. Thus, the first element of the crime for the payment of the check in full upon its
of fencing is absent, that is, crime of robbery presentment; and (3) the subsequent dishonor of
or theft has been committed. the check by the drawee bank for insufficiency of
xxx funds or credit or dishonor for the same reason
The theft was not proved because had not the drawer, without any valid cause,
complainant Rosita Lim did not complain to ordered the bank to stop payment.
the public authorities of the felonious taking
of her property. She sought out her former Danao vs. Court of Appeals
employee Manuelito Mendez, who confessed G.R. No. 122353, 06 June 2001, 358 SCRA 450
that he stole certain articles from the
warehouse of the complainant and sold them
The presumption that the issuer had knowledge
to petitioner. Such confession is insufficient
of the insufficiency of funds is brought into
to convict, without evidence of corpus delicti.
existence only after it is proved that the
issuer had received a notice of dishonor and
B.P. Blg. 22 that, within five days from receipt thereof,
BOUNCING CHECKS LAW he failed to pay the amount of the check or
to make arrangement for its payment.
Sia vs. People Where the presumption of knowledge of
G.R. No. 149695, 28 April 2004, 428 SCRA insufficiency of funds does not arise due to the
206 absence of notice of dishonor of the check, the
accused should not be held liable for the offense
What the law punishes is the issuance of a defined under the first paragraph of Section 1 of
worthless check and not the purpose for B.P. 22.
which such check was issued nor the terms or
conditions relating to its issuance. The thrust Rico vs. People
of the law is to prohibit, under pain of penal G.R. No. 137191, 18 November 2002
sanctions, the making of worthless checks
and putting them in circulation. The crime is A mere oral notice or demand to pay would
one against public order and is malum appear to be insufficient for conviction under the
prohibitum. The law is intended to safeguard law. In our view, both the spirit and the letter of
the interests of the banking system and the the Bouncing Checks Law require for the act to be
legitimate checking account user. It is not punished thereunder not only that the accused
intended nor designed to coerce a debtor to issued a check that is dishonored, but also that the
pay his debt, nor to favor or encourage those accused has actually been notified in writing of
who seek to enrich themselves through the fact of dishonor.
Page 91 of 97
Danao vs. Court of Appeals offense is the issuance of a bad check; hence,
G.R. No. 122353, 06 June 2001, 358 SCRA malice and intent in the issuance thereof are
450 inconsequential.
Not only must there be a written notice of Recuerdo vs. People

dishonor or demand letters actually received G.R. No. 133036, 22 January 2003
by the drawer of a dishonored check, but
there must also be proof of receipt thereof It is not required much less indispensable, for
that is properly authenticated, and not mere the prosecution to present the drawee bank’s
registered receipt and/or return receipt. representative as a witness to testify on the
dishonor of the checks because of insufficiency of
Sia vs. People funds. The prosecution may present only
G.R. No. 149695, 28 April 2004, 428 SCRA complainant as a witness to prove all the
206 elements of the offense charged. She is
competent and qualified witness to testify that she
If the maker or drawer pays, or makes deposited the checks to her account in a bank; that
arrangements with the drawee bank for the she subsequently received from the bank the
payment of the amount due within the five- checks returned unpaid with a notation ‘drawn
day period from notice of the dishonor given against insufficient funds’ stamped or written on
to the drawer, it is a complete defense; the the dorsal side of the checks themselves, or in a
accused may no longer be indicted for notice attached to the dishonored checks duly
violation of Section 1, B.P. Blg. 22. If he is so given to the complainant, and that petitioner failed
indicted, he may set up the payment of the to pay complainant the value of the checks or
amount due as a complete defense. make arrangements for their payment in full
within five (5) banking days after receiving notice
Yulo vs. People that such checks had not been paid by the drawee
G.R. No. 142762, 04 March 2005 bank.
The purpose for which the check was R.A. No. 8294
issued and the terms and conditions relating ILLEGAL POSSESSION OF FIREARMS
to its issuance are immaterial. What is LAW
primordial is that the issued checks were
worthless and the fact of worthlessness was 1. Any person who shall unlawfully manufacture,
known to the petitioner at the time of their deal in, acquire, dispose, or possess any
issuance, as in this case. This is because firearm or any part thereof, ammunition, or
under Batas Pambansa Blg. 22, the mere act machinery, tool or instrument used or
of issuing a worthless check is malum intended to be used in the manufacture of any
prohibitum. firearm or ammunition; Provided, That no
other crime was committed.
2. If homicide or murder is committed with the
Rigor vs. People use of an unlicensed firearm, such use an
G.R. No. 144887, 17 November 2004 unlicensed firearm shall be considered as an
aggravating circumstance.
Knowledge by the payee of insufficiency
3. If possession of unlicensed firearm or
of funds is immaterial as deceit is not an
ammunition is in furtherance of or incident to,
essential element of the offense under Batas
or in connection with the crime of rebellion or
Pambansa Bilang 22. The gravamen of the
insurrection, sedition, or attempted coup
Page 92 of 97
d’etat, such violation shall be absorbed as 2. Any person convicted for drug trafficking or
an element of the crime of rebellion, or pushing under R.A. No. 9165, regardless of the
insurrection, sedition, or attempted coup penalty imposed by the Court, cannot avail of
d’etat. the privilege granted by the Probation Law.
(Sec. 24, R.A. No. 9165)
4. Any person who shall carry any licensed
firearm outside his residence without 3. Notwithstanding the provisions of any law to
legal authority therefore may also be held the contrary, a positive finding for the use of
liable under R.A. No. 8294. dangerous drugs shall be qualifying
aggravating circumstance in the commission of
a crime by an offender, and the application of
People vs. Tadeo the penalty provided for in the Revised Penal
G.R. No. 127660, 17 September 2002 Code shall be applicable. (Sec. 25, R.A. No.
9165)
Where an accused used an unlicensed 4. Any person who is found guilty of “planting”
firearm in committing homicide or murder, any dangerous drug and/or controlled
he may no longer be charged with what used precursor and essential chemical, regardless of
to be the two (2) separate offenses of quantity and purity, shall suffer the penalty of
homicide or murder under The Revised death.
Penal Code and qualified illegal possession of
firearms used in homicide or murder under
PD 1866; in other words, where murder or R.A. No. 9160
homicide was committed, the penalty for ANTI-MONEY LAUNDERING ACT
illegal possession of firearms is no longer
imposable since it becomes merely a special
Money laundering is a crime whereby the
aggravating circumstance.
proceeds of an unlawful activity are transacted,
thereby making them appear to have originated
People vs. Ladjaalam from legitimate sources. It is committed by the
G.R. Nos. 136149-51, 19 September 2000 following:
If an unlicensed firearm is used in the a. Any person knowing that any monetary
commission of any crime, there can be no instrument or property represent, involves,
separate offense of simple illegal possession or relates to, the proceeds of any unlawful
of firearms. Hence, if the “other crime” is activity, transacts or attempts to transact
murder or homicide, illegal possession of said monetary instrument or property.
firearms becomes merely an aggravating
circumstance, not a separate offense. b. Any person knowing that any monetary
instrument or property involves the
proceeds of any unlawful activity, performs
or fails to perform any act as a result of
R.A. No. 9165
which he facilitates the offense of money
COMPREHENSIVE DANGEROUS
laundering referred to in paragraph (a)
DRUGS ACT
above.
1. Any person charged under any provision c. Any person knowing that any monetary
of R.A. No. 9165, regardless of the instrument or property is required under
imposable penalty shall not be allowed to this Act to be disclosed and filed with the
avail of the provision on plea- Anti-Money Laundering Council (AMLC),
bargaining. (Sec. 23, R.A. No. 9165) fails to do so.
Page 93 of 97
Prosecution of Money Laundering – Authority to inquire into Bank Deposits
a. any person may be charged with and Notwithstanding the provisions of Republic Act
convicted of both the offense of No. 1405, as amended; Republic Act No. 6426, as
money laundering and the unlawful amended; Republic Act No. 8791, and other laws,
activity. the AMLC may inquire into or examine any
particular deposit or investment with any banking
b. any proceeding relating to the institution or non-bank financial institution upon
unlawful activity shall be given order of any competent court in cases of violation
precedence over the prosecution of of this Act when it has been established that there
any offense or violation under R.A. is probable cause that the deposits or investments
No. 9160 without prejudice to the involved are in any way related to a money
freezing and other remedies laundering offense: Provided, That this provision
provided. shall not apply to deposits and investments made
prior to the effectivity of R.A. 9160. (Sec. 11, R.A.
AMLC’s Authority to Freeze Bank 9160)
Account
Prohibitions Against Political Harassment.
Upon determination that probable cause
exists that any deposit or similar account is R.A. No. 9165 shall not be used for political
in any way related to an unlawful activity, the persecution or harassment or as an instrument to
AMLC may issue a freeze order, which shall hamper competition in trade and commerce. No
be effective immediately, on the account for a case for money laundering may be filed against
period not exceeding fifteen (15) days. Notice and no assets shall be frozen, attached or forfeited
to the depositor that his account has been to the prejudice of a candidate for an electoral
frozen shall be issued simultaneously with office during an election period.
the issuance of the freeze order. The
depositor shall have seventy-two (72) hours R.A. No. 3019 as amended by RA 3047, BP
upon receipt of the notice to explain why the 195
freeze order should be lifted. The AMLC has ANTI-GRAFT AND CORRUPT PRACTICES
seventy-two (72) hours to dispose of the ACT
depositor's explanation. If it falls to act
within seventy-two (72) hours from receipt of CORRUPT PRACTICES OF PUBLIC
the depositor's explanation, the freeze order OFFICIALS (Sec. 3):
shall automatically be dissolved. The fifteen
(15)-day freeze order of the AMLC may be (a) Persuading, inducing or influencing another
extended upon order of the court, provided public officer to perform an act constituting a
that the fifteen (15)-day period shall be tolled violation of rules and regulations duly
pending the court's decision to extend the promulgated by competent authority or an offense
period. in connection with the official duties of the latter,
No court shall issue a temporary or allowing himself to be persuaded, induced, or
restraining order or writ of injunction influenced to commit such violation or offense.
against any freeze order issued by the AMLC In the absence of any allegation or proof,
except the Court of Appeals or the Supreme accused may not be convicted
Court. (Sec. 10, R.A. 9160)
(b) Directly or indirectly requesting or receiving
any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with
Page 94 of 97
any contract or transaction between the person interested in the matter some pecuniary or
Government and any other part, wherein the material benefit or advantage, or for the purpose
public officer in his official capacity has to of favoring his own interest or giving undue
intervene under the law. advantage in favor of or discriminating against any
other interested party.
Preliminary investigation by a fiscal is
not a contract or transaction (g) Entering, on behalf of the Government, into
any contract or transaction manifestly and grossly
(c) Directly or indirectly requesting or
disadvantageous to the same, whether or not the
receiving any gift, present or other pecuniary
public officer profited or will profit thereby.
or material benefit, for himself or for
another, from any person for whom the (h) Director or indirectly having financing or
public officer, in any manner or capacity, has pecuniary interest in any business, contract or
secured or obtained, or will secure or obtain, transaction in connection with which he intervenes
any Government permit or license, in or takes part in his official capacity, or in which he
consideration for the help given or to be is prohibited by the Constitution or by any law
given, without prejudice to Section thirteen from having any interest.
of this Act.
o Actual intervention required
(d) Accepting or having any member of his
(i) Directly or indirectly becoming interested, for
family accept employment in a private
personal gain, or having a material interest in any
enterprise which has pending official
transaction or act requiring the approval of a
business with him during the pendency
board, panel or group of which he is a member,
thereof or within one year after its
and which exercises discretion in such approval,
termination.
even if he votes against the same or does not
(e) Causing any undue injury to any party, participate in the action of the board, committee,
including the Government, or giving any panel or group.
private party any unwarranted benefits,
Interest for personal gain shall be presumed
advantage or preference in the discharge of
against those public officers responsible for the
his official administrative or judicial
approval of manifestly unlawful, inequitable, or
functions through manifest partiality,
irregular transaction or acts by the board, panel or
evident bad faith or gross inexcusable
group to which they belong.
negligence. This provision shall apply to
officers and employees of offices or ( j) Knowingly approving or granting any license,
government corporations charged permit, privilege or benefit in favor of any person
with the grant of licenses or permits or not qualified for or not legally entitled to such
other concessions. license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
Last sentence is intended to make
so qualified or entitled.
clear the inclusion of officers and
employees of offices or government (k) Divulging valuable information of a
corporations, which under the confidential character, acquired by his office or by
ordinary concept of “public officers” him on account of his official position to
may not come within the term. unauthorized persons, or releasing such
information in advance of its authorized release
( f ) Neglecting or refusing, after due demand
date
or request, without sufficient justification, to
act within a reasonable time on any matter Taking advantage of family or close
pending before him for the purpose of personal relation with public official is
obtaining, directly or indirectly, from any punished
Page 95 of 97
Section 5 prohibits certain relatives • Dismissal of the case against the suspended
of the President, Vice-President, officer does not amount to acquittal
Senate President and Speaker to
intervene in any business, etc. with
the Government. People vs. Sandiganbayan and Alas
G.R. Nos. 147706-07, 16 February 2005
Exceptions:
For purposes of the provisions of R.A. No.
any person who, prior to the 3019, the Sandiganbayan has jurisdiction over
assumption of office of any of the presidents, directors or trustees, or managers of
above officials to whom he is related, government-owned or controlled corporations
has been already dealing with the organized with original charter and those
Government along the same line of incorporated under the Corporation Code
business, nor to any transaction,
contract or application already Flores vs. Layosa
existing or pending at the time of G.R. No. 154714, 12 August 2004
such assumption of public office
Once a court determines that the information
any application filed by him the
charging a public officer with an offense under
approval of which is not discretionary
R.A. No. 3019 or Title 7, Book II of the Revised
on the part of the official or officials
Penal Code, or any other offense involving fraud
concerned but depends upon
upon government or public funds or property is
compliance with requisites provided
valid, it is bound to issue an order of preventive
by law, or rules or regulations issued
suspension of the accused public officer as a
pursuant to law
matter of course.
any act lawfully performed in an The order of suspension pendente lite, while
official capacity or in the exercise of a mandatory in nature, is by no means automatic or
profession. self-operative. Before such suspension is imposed,
a determination as to the validity of the
• The accuracy of entries in statements
information must first be made in a pre-
of assets and liabilities becomes
suspension hearing.
material in criminal or administrative
proceedings for violation of Section
7, RA 3019 Go vs. Office of the Ombudsman
G.R. No. 139399, 17 October 2003
• As regards a private person, only the
penalty of imprisonment “for not less The elements of violation of Section 3[e] of R.A.
than six years and one month or 3019 are:
fifteen years” may be imposed
• Public officer to be suspended (1) The accused is a public officer or a private
pending any criminal prosecution person charged in conspiracy with the former;
under this Act; Sandiganbayan (2) The said public officer commits the prohibited
should exercise the mandatory act of acts during the performance of his or her official
suspension; Suspension cannot be duties or in relation to his or her public positions;
automatic; The maximum duration of (3) That he or she causes undue injury to any
preventive suspension is ninety days party, whether the government or a private party;
Page 96 of 97
(4) Such undue injury is caused by giving

unwarranted benefits, advantage or
preference to such parties; and
(5) That the public officer has acted with
manifest partiality, evident bad faith or gross
inexcusable negligence.
Morales vs. People

G.R. No. 144047, 26 July 2002, 385 SCRA
259
The elements of the crime of violating

Section 3(g) of RA No. 3019, as amended, are
as follows: (1) the offender is a public officer,
(2) who enters into a contract or transaction
on behalf of the government, and (3) the
contract or transaction is grossly and
manifestly disadvantageous to the
government. Manifest means “obvious to the
understanding, evident to the mind x x x and
is synonymous with open, clear, visible,
unmistakable, indubitable, evident and self-
evident.” Gross means “flagrant, shameful,
such conduct as is not to be excused.
—oOo—
Page 97 of 97

CBO Over-all Chair: Evangeline Co; Criminal Law Committee

Caricato da

Informazioni sul documento

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

CBO Over-all Chair: Evangeline Co; Criminal Law Committee

Caricato da

Copyright:

Formati disponibili

M E M O R Y A I D

CBO OVER-ALL CHAIRPERSON: Evangeline Co

CRIMINAL LAW COMMITTEE

HEAD: Dianne Elizabeth Feeney

CO-HEAD: Ma. Ana Karina Medina

CRIMINAL LAW 1: Marissa Corazon Nefalar

CRIMINAL LAW 2: Mark Callejo

MEMBERS: Nathaniel Barrairo, Justice Anthony Foz,

Atty. Modesto Ticman Jr.

CRIMINAL LAW TITLE

No, he is not exempted from criminal Note: The foregoing extra-territorial

When are penal laws given retroactive punished under

Mistake of fact prohibited act be

Although the crime of plunder is punished by a

Distinguish intent from motive.

1. when the identity of the assailant is in Proximate cause

ART. 4. CRIMINAL LIABILITY 1. Error in personae – mistake in the identity

4. The non-performance of all acts of

1. Attempted – There is an attempt If A induced B to kill C but B refused to do

• In frustrated felony, the offender must 1. Nature of the offense;

• When conspiracy is itself a crime, no An implied conspiracy is one which is only

Requisites of defense of relatives (Code:

1. nature and quality of the weapon

When a person becomes insane after

NO, he is not liable. A may invoke his

Discernment may be shown by:

PAR. 2 - OFFENDER IS UNDER 18 OR

commuted 1. that the provocation must be sufficient;

Intention, being an internal state, must be PAR. 5 – VINDICATION OF GRAVE

Intention must be judge by considering the Requisites: (Code: GC)

The act producing obfuscation must not be

was in fact arrested. (Ppl v. Conwi, 71 Phil 595).

When is voluntary surrender NO, plea of guilty to a lesser offense is NOT a

To what classification of crimes is this abduction or seduction, sex is not

PAR. 4 – ABUSE OF CONFIDENCE Public authorities are Public authorities are

Reiteracion Recidivism PAR. 12 – BY MEANS OF INUNDATION,

• Disguise is resorting to any devise to PAR. 16 – TREACHERY (Alevosia)

Requisites of treachery: (Code: NA) When is there unlawful entry?

Use of motor vehicle is aggravating where the Note:

Distinguish ignominy from cruelty.

When is relationship mitigating? 2. Intentional (subsequent to the plan to

CRIMES AGAINST PROPERTY → A habitual drunkard is one given to intoxication

Aggravating if intoxication is:

ART. 17 - PRINCIPALS of the common design and purpose. (Ppl v. Izon,

If the second requisite is lacking, at most, What constitutes inducement?

1. By giving price, or offering reward or Distinguish a principal by inducement from

Requisites needed in order that a Inducement Proposal

1. Participation in the criminal • In criminal cases, the participation of the

Conspirator Accomplice Requisites: (Code: CHAP)

i.Treason • Only accessories under Par 2 and 3 of Art 19

unless the accessory himself profited LIGHT PENALTIES

PENALTIES COMMON TO THE 3

PRECEDING CLASSES 4/5 of the time during which he has undergone

The penalty of destierro is imposed in the Effects of a pardon by a president:

ART 29. – PREVENTIVE Limitations to the exercise of pardoning

When is there preventive 1. That the power can be exercised only

State the rules regarding preventive It is a subsidiary personal liability to be suffered

- subsidiary imprisonment, not to 9. Robbery with violation against or

Requisites: (Code: SP-TOT) The above-mentioned doctrine does not apply

Give instances when the rules under ORDINARY SPECIAL

one offense in such maximum without changing the

As regards the penalty of fine, if the Is ISLAW applicable to special laws?

as the penalty provided is imprisonment, the mitigating and no aggravating